Details on Pet Custody Law in Maryland

Americans tend to have very powerful feelings about pets, more so today than in the past. In the past, Americans tended to view their pets, particularly dogs and cats, as lovable additions to the family, but not as “full” family members. In 2023, this situation is often quite different, with many people viewing their pets as virtually the same as fellow family members. Hence, when couples divorce, one of the major issues is pet ownership, and which spouse will come away with full ownership (or “custody). In this post, we will go over the current state of Maryland law on this important topic.

The State of Maryland Law

At the present time, the State of Maryland remains one of those jurisdictions which still regards pets as personal property. Compare this with the District of Columbia: in Washington, D.C., pets are now treated more akin to children, as D.C. Courts conduct a “best interests of the pet” analysis to actually assign custody of pets in divorce. So far, Maryland hasn’t come around to this manner of thinking, but there is always the possibility of things evolving in that direction at one point or another. For now, Maryland is settled on the “pets as personal property” paradigm.

When couples divorce in Maryland, pets are treated as property, which in practice means that they must be valued or appraised in a similar fashion as other personal property (such as stocks, bonds, cars, and other valuables). In many cases, this means that pets have negligible value in the context of divorce, as most dogs and cats are relatively inexpensive. However, there may be valuation issues and concerns when a particularly valuable pet – such as a rare breed or highly trained animal – is involved in the separation. In any case, the key thing is that pets are considered personal property, and will be “assigned” or accounted for on a monetary or financial basis in the divorce. In other words, pets are handled according to the same equitable distribution principle which guides the other aspects of property division.

Use Contracts to Minimize Conflict

To avoid uncertainty, and to ensure that outcomes are more consistent with a person’s genuine wishes, couples should utilize the power of contracts when they deal with pets in divorce. This can happen either with premarital or postmarital agreements. If a couple wants to guarantee a certain outcome, then they are free to contract for that outcome in advance of the separation. For instance, if one pet is much closer to one party, that party can simply contract for the pet at a certain time during the marriage, or immediately following the divorce (as part of a private settlement). Couples can be as creative and elaborate as they want in their contractual agreements regarding pets; they can contract to share pets, share certain responsibilities, share certain expenses, and so forth. As long as the contractual agreements themselves are valid, there is nothing in the law which says these things cannot take place as described.

Contact the Murphy Law Firm for More Resources

If you would like to know more, reach out to one of the leading family law lawyers with the Murphy Law Firm today by calling 240-222-1187.