Before I had kids, my first child was my dog, Loki. He comes on family trips, eats meals when we do, plays with us, and is a valued member of our family.

I can’t imagine my kids and I only seeing Loki half of the time (or less), yet that’s exactly the situation facing couples and families going through a divorce.

In the context of separation and divorce, both Maryland and the District of Columbia treat pets differently and the answers can vary to the questions of who gets the dog and can exes share time with their beloved pets.

How Each Jurisdiction Treats Pets in Divorce

In Washington, DC, in determining what to do with the family pet in a divorce, the court must consider the best interest of pets, including a pet’s individual needs, which owner will take the best care of the pet, or if both parties should share custody of the pet.

In Maryland, however, pets are treated as chattel – tangible personal property, such as a car or a bank account. The person with title to the pet keeps it. The court must also determine:

  1. Whether the pet is marital property, and if so,
  2. What is the current value of the pet, and finally,
  3. Should the court issue a sum of money to the party not keeping the pet in exchange?

If there is no title and it was purchased during the marriage, or if the pet is jointly titled, and if parties cannot agree, the court can order the pet sold and divide the proceeds.

Accounting for a Pet in Maryland

Obviously, you can’t divide up a pet like you can a bank account, so what is the best way to ensure your pet is accounted for in a Maryland divorce outside of court?  

Explore your options: 

  • First, consider if there is a title for the pet.
  • Second, consider if your pet is considered “marital” at all. Did someone bring the pet into the marriage? If a pet was acquired during the marriage, did either spouse use non-marital money to purchase the pet, such as an inheritance or money they had before the marriage, or were they gifted it from a third party?

If so, the pet may be non-marital and not considered in the “marital pot” of assets. For example, I rescued my dog Loki two years before I met my spouse, so Loki is my non-marital property.

Trying to Keep Your Pet in a DC Divorce

If you are exploring your options for keeping your pet in DC, consider the above, and also:

  • Does your pet serve another purpose outside of being a fun companion? Is your pet an emotional support animal or a service pet? If so, for whom: yourself, your spouse, or your child? If your pet was specifically trained for a service purpose, the pet should remain with the spouse or child they were trained to serve. This should be disclosed to your attorney, a mediator, or a judge in any case with a service animal.
  • Do you and your spouse have children, and are the children bonded to the family pet? If so, consider having the family pet follow the same custody schedule as your children. Separation and divorce are hard enough on children without also losing time with the family pet. Having the family pet follow the children’s custody schedule can help with the children’s transitions between homes and overall emotional stability for the children. 
  • Consider the pet’s day-to-day needs and expenses, including vet and emergency medical expenses. Who will pay for these? Will these expenses be divided between you and your spouse? Which spouse is best suited to financially support the family pet?
  • Finally, consider your pet’s best interest and an appropriate custody schedule if necessary.

Best Practices, Regardless of Where You Live

In both jurisdictions, it’s always a good idea to consider taking these matters into your own hands to negotiate who will keep the pet, or a custody arrangement that is in the pet’s best interest. You can agree to other arrangements, outside of what a court would or can do, for the family pet, which, if in an agreement, are binding and enforceable.

Remember pets like Loki are a huge part of the family. Consider your options for your pet, and don’t leave the disposition of your beloved furry family member up to the court.

For more information, contact Maida at (301) 347-1262 or mlhughes@lerchearly.com.