Who Gets the Dog? How Courts in Maryland and D.C. Handle Pets in Divorce

For many families, pets are more than just animals, they are beloved companions and part of the household. But what happens to the family pet when a couple gets divorced and can’t agree on who keeps it?

The answer depends on where you live. Both Maryland and Washington, D.C. treat pets as personal property under the law, but recent changes in D.C. are starting to recognize that pets aren’t just another asset like a sofa or car.

Pets in Maryland: Still Considered Property

In Maryland, the court takes a traditional approach: pets are treated like any other piece of property. That means they’re subject to the same rules that apply to dividing up furniture or bank accounts. So, how does the court decide who gets the pet?

Usually, the judge looks at who can prove ownership. This might include adoption papers, vet bills, or purchase receipts. If the pet was acquired during the marriage, it is still considered marital property and may be awarded to one spouse as part of the overall division of assets. However, because you cannot “split” a dog or cat, the court will usually give the pet to one party.

Judges in Maryland do not have to consider the emotional bond either spouse has with the pet, or what would be in the pet’s best interest. That can make these decisions especially difficult and emotionally charged. Couples are encouraged to work out an agreement on their own, possibly through mediation. If that doesn’t work, a judge may have to step in and make the call, but it is rare.

Washington D.C. : A New Perspective on Pet Custody

Things look a little different in D.C., thanks to recent changes in the law.

As of April 2023, the Animal Care and Control Omnibus Act of 2022 allows courts to consider the best interest of the pet when deciding who gets to keep it in a divorce. This is a significant shift from the traditional approach, where pets were treated strictly as property.

While pets are still technically “property” under D.C. law, they now occupy a unique category. Judges can assign ownership or caregiving responsibilities based on factors such as:

·      The emotional attachment each spouse has to the pet

·      Who primarily cared for the pet (feeding, walking, vet visits, etc.)

·      Where the pet will likely thrive after divorce

This new approach gives courts more flexibility and reflects the reality that for many people, pets are family. However, the law doesn’t define exactly what “best interest” means, so it’s still up to each judge to decide how to apply it, possibly borrowing ideas from custody laws.

Conclusion

If you’re going through a divorce in Maryland or Washington, D.C., and share a beloved pet, it’s important to understand how each jurisdiction approaches such cases. In Maryland, the focus remains on establishing ownership—typically based on who can prove financial responsibility. In contrast, D.C. has adopted a more progressive stance, allowing courts to consider the pet’s best interests, not just who purchased or cared for it financially. Understanding these differences can help you prepare for a more informed and compassionate resolution. After all, pets aren’t just property, they’re family.