Your pets are beloved members of the family. In a divorce, when partners are going from one household into two, there is a question as to who will take custody of the pets. Here are some important considerations.
Pets are Property
Under Maryland law, pets are considered property, in the same category as a piece of furniture or vehicle. If your pet was owned prior to the marriage, then the pre-marital owner will retain the pet in the divorce. If a pet was acquired during the marriage, then it is marital property, which is subject to equitable distribution in Maryland. Equitable distribution means that property is allocated fairly, depending on several facts and circumstances that the Court must consider.
Negotiate Between Yourselves
It is always preferable to come to an agreement on their own over who gets to keep the pet. In a Marital Settlement Agreement, ex-spouses can work out pet access, payment of pet-related expenses including medical bills, food, training, and boarding.
Child Custody Plays a Role
In some cases, the parents can agree, or a Judge may order, that the pet remains with whichever spouse has primary custody of the children. The presence of a beloved pet can help children deal with the transition from living with both parents to only one. In a joint custody arrangement, parents may agree that the pet follows the children from house to house.
What to Bring to the Table
If you cannot come to an agreement regarding ownership of your pet, then you should be prepared to show the Court why your pet should remain with you. Some documentation that may be helpful is:
An adoption certificate with your name on it
Veterinary bills paid in your name
Receipts from a pet store/groomer/training course paid in your name
Proof that you will be able to provide a good home for your pet following your separation
Proof that you can grant your pet more of your time and attention than your ex-partner following your divorce
We understand that deciding where your pet should reside after divorce can be a difficult and emotional decision. If you have questions about pets or marital property, please contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you.
Read next:
Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter.
By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author.
Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.