Pet owners know their companions are more than just animals—they’re family. They greet us at the door, curl up at our feet at night, and offer comfort, loyalty, and companionship through every season of life.
In the US, approximately two-thirds of American households have a pet. With just under half of all first marriages ending in divorce, pets often get caught in both the emotional and legal crossfire. These scenarios can be especially heart-wrenching, as both partners may share deep emotional bonds with the pet, yet the law doesn’t always allow space to honor that connection.
In this blog, we’ll take a closer look at how Maryland courts have historically decided who gets to keep the dog, the cat, or the parrot, and we’ll explore a recent legal win by WSM Family Law Attorney Howard Soypher that may signal a shift in how these decisions are made moving forward.
The History of Pet Ownership Decisions in Maryland Divorces
In Maryland, pets are regarded as property during divorce, meaning the law does not view them as individuals with needs or attachments, but rather as assets. This leaves little to no room for nuanced decisions about ownership during a divorce because they are not viewed as children and are therefore not subject to a custody arrangement.
While the most ideal scenario is when the couple can agree on who keeps their dog, cat, bird, or other pet, that’s not always the case, especially when two people have strong emotional bonds to the pet in question. When a couple cannot agree on who receives custody of their pet, this is how the law in Maryland would determine the outcome:
- If the pet was acquired prior to the marriage, it would be considered the property of the person who originally owned the pet.
- However, if the pet was acquired during the marriage, it would be considered marital property and would be subject to equitable distribution upon their divorce.
This means that although you have a much closer bond to your dog or cat, they would be seen no differently than a coffee table or a television in the eyes of the court.
Understandably, this approach has led to significant emotional distress for many pet owners. Divorce already represents a major life upheaval, and for some, losing a pet during that time can be one of the most painful outcomes. For people who rely on their pets for emotional support, stability, and connection, the impact can be lasting and deeply personal.
Fortunately for pet owners, a recent case suggests that Maryland courts may adopt a more considerate approach, recognizing the emotional significance of pet ownership and the evolving role pets play in our families.
Howard Soypher’s Significant Win That Could Mark a Change in Maryland Courts
Recently, WSM Family Law Partner Howard Soypher successfully argued and won a case in which the court transferred ownership of a pet, effectively granting custody of the pet during his client’s divorce. This win is significant because it demonstrates that the courts considered the pet’s best interests, much like how best interests are evaluated in child custody decisions.
While this wasn’t the result of a new statute or a landmark, published decision, it signals a shift in judicial thinking. Howard’s success is not something that can be broadly applied to every case just yet; it opens the door for more thoughtful and emotionally intelligent outcomes. Notably, the judge in this case appeared to acknowledge the emotional weight of the decision and the role the pet played in the family dynamic. That alone marks a meaningful step forward in a legal system that has historically treated pets with clinical detachment.
As a proud pet owner himself, this case win held special significance for Howard and was a meaningful highlight in his legal career, both professionally and personally.
Why This Matters for Maryland Pet Owners
If you’re a pet owner going through a divorce, this development gives hope. Although Maryland still considers pets as property, Howard’s case shows that courts might be willing to go further, especially when the right facts and arguments are presented.
Yet, in any pet-related dispute, it remains essential to document:
- Who purchased or adopted the pet
- Who pays for the pet’s care and maintenance
- Who provides day-to-day caregiving
- How emotionally bonded each party is to the pet
If you’re able to demonstrate your role as the primary caretaker and the person most invested in the pet’s well-being, you may have a stronger case, even within the limits of current Maryland law.
Final Thoughts
As society continues to accept that pets are part of the family, courts may become more willing to recognize that pets are more than just property. While Howard’s win may not be found in a legal textbook, it’s part of a growing movement toward more compassionate outcomes in family law. It demonstrates that, under the right circumstances, it’s possible to advocate for pet custody in a manner that better reflects modern family dynamics and values.
At WSM Family Law, our attorneys understand how emotionally charged pet-related disputes can be during divorce. We’ve helped business owners protect their assets, resolved high-conflict divorces, and are proud to be part of the changing conversation around pet custody as well.
If you are navigating a divorce and are concerned about your pet’s future, our experienced family law team understands the importance of pets in family life and is here to help. You can contact us at 301-298-8401 to schedule a consultation.
