Who Gets the Dog? A Memorable Vermont Divorce Case

Article Written by Anna C. Ploof, Esq.
Written June 11, 2026

Most divorce cases involve difficult decisions about finances, homes, and children. One Vermont case reached the state’s highest court over a different question entirely: who would keep the family dog. In Hament v. Baker, a divorcing couple had resolved every other issue in their case. The only matter left for the court to decide was the future of Belle, their eleven-year-old German wirehaired pointer.

Both spouses loved Belle deeply. The evidence showed that each cared for her and shared a strong bond with her. The trial court ultimately awarded the dog to the husband, a veterinarian whose daily routine included bringing Belle to work with him. The court concluded that Belle’s established routine and overall well-being tipped the scales in his favor. The wife appealed, arguing that the court should have considered a shared arrangement that would allow both parties to continue spending time with the dog.

The Vermont Supreme Court used the case to address an issue that many pet owners find surprising. Under Vermont law, pets remain property for purposes of divorce. At the same time, the Court recognized that animals are not ordinary property. Unlike a piece of furniture or a bank account, a pet is a living companion that forms emotional bonds with its owners. When deciding who should receive a family pet, courts may consider the factors set forth in 15 V.S.A. § 751(b), Vermont’s property division statute, along with other relevant factors. The Court explained that those additional considerations may include the animal’s welfare, daily routine, and emotional connection with each spouse.

The Court also drew an important line. While former spouses may choose to share time with a pet voluntarily, Vermont courts cannot impose and enforce ongoing “custody” or visitation schedules for animals the way they do for children. As a result, one party must ultimately receive ownership of the pet. More than a decade later, Hament v. Baker remains a notable Vermont family law decision because it addresses a uniquely personal issue that arises in some divorce cases: deciding the future of a beloved family pet when both parties want to keep it.

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