While many items could be divvied up amicably in a divorce, the issue of who retains ownership of the family pet may not be so simple. After all, both likely have an emotional attachment to the animal, or it would not even be an issue. So, who gets the pets in a divorce?
Although most families rally behind their fur babies and insist they are members of the family, the courts see it differently. In Maryland, pets are considered property. Therefore, a pet that was acquired prior to marriage may remain with the individual who brought the animal into the household. If a pet is obtained during a marriage, there could be more variables in determining who will ultimately prevail in securing ownership.
Here are some examples:
- Who is the primary caregiver? The individual who purchased a pet can produce a receipt indicating this fact, which can factor into who the pet lives with. If one spouse routinely purchased food, toys, medication, and other necessities for the pet, this could help establish the primary caregiver role.
- Who has the financial means to care for the pet? If one spouse has the means to create a good home for a pet while the other does not, this could factor into the decision on where to place a pet.
- What is in the best interests of the pet? A person who has not paid a lick of attention to the family pet until now and is only doing so to cause pain and heartache to their soon-to-be ex likely will not prevail in winning custody of the family pet. Conversely, an individual who has devoted endless hours to training and socializing the family pet may be able to produce evidence to support the fact that the animal would be better off with them.
- Is it a Service Animal? In most cases, a pet who also serves as a seeing-eye dog or as a therapy animal would remain with the individual who requires it for assistance.
- Does the animal have any monetary value? A purebred cat or a dog with a pedigree that has been a source of income as a show dog may be seen as having increased value that requires compensation and a need to “buy out” the other spouse. If this is the case, an appraisal may be necessary to determine a fair market value of the pet. While this alone may not determine who gets to keep the pet, it is helpful information when it comes down to figuring out whether one spouse will settle for a payout instead of fighting for the pet.
- Do you have children? Individuals with children may decide it is in the best interests of the kids to keep pets with them as they transition between households. In other words, the pet goes wherever the kids go. In this case, no one “wins,” but each is responsible for caring for the pet.
Since there are no hard-and-fast rules regarding pet ownership, individuals can choose to address this situation before it becomes an issue in a prenuptial agreement before marriage, a postnuptial agreement during marriage, or a separation agreement that attempts to strike a deal among spouses without involving the courts. In all of these cases, reaching an agreement will be more favorable to both parties and any children involved and likely less stressful.
Talk to the Baltimore County Divorce Lawyers at Huesman, Jones & Miles, LLC
You are not the only spouse to worry about the well-being of the family pet. The good news is that you can consult the Baltimore County divorce lawyers at Huesman, Jones & Miles, LLC on how to proceed in the best interest of all parties. Call 443-589-0150 or message us online for a free consultation. With offices in Hunt Valley and Towson, Maryland, we proudly serve clients in Baltimore, Baltimore County, Bel Air, Bentley Springs, Columbia, Freeland, Hereford, Hampton, Westminster, Essex, Monkton, Sparks Glencoe, Parkton, Phoenix, Pikesville, White Hall, Carroll County, Harford County, and Howard County.
