How Are Pets Handled in a Florida Divorce?

Pet ownership in the United States of America has significantly increased over the past decades. It is estimated that as of 2024, 86.9 million homes in the U.S. own a pet. Pets are a crucial part of their owners’ lives, providing companionship and emotional support. In many homes, pets are considered more than property. They are considered part of the family. That is why, when people decide to get a divorce, questions arise over how the court will treat the family pet. In some states, courts award custody and visitation of family pets. However, in Florida, family courts do not have to do that. In Florida, pets are considered property, meaning that only one spouse ends up with the family dog, cat, or other pet in a divorce settlement.

Myths About Pets and Divorce in Florida

Some Floridians assume that the same guidelines used to determine child custody, also called timesharing, during divorce are the same ones that courts use to determine custody of a family pet. This is not true. Some states award custody and visitation of family pets, but Florida courts do not subject family pets to custody-like decisions. Some people assume that courts use the “best interests of pets” standard when making pet-related decisions. Florida courts do not apply the “best interests of a pet” standard when deciding who keeps the family dog, cat, or other pet. In the 1990s, the appellate court disallowed trial courts to subject pets to custody-like decisions.

What Does It Mean To Treat a Pet as Property?

Since pets are considered property in Florida divorce cases, courts view pets as other assets subject to equitable distribution. Florida’s equitable distribution law requires that marital property be divided between divorcing spouses in a fair but not necessarily equal manner. In the event that one spouse owned the pet prior to the marriage, the pet will not be subject to equitable distribution. In such a case, the pet will be considered separate property, and the party who owned the pet prior to the marriage is entitled to keep it. On the other hand, if the parties acquired the pet during the marriage, it will be considered marital property, thus subject to equitable distribution.

Like other marital assets, pets are assigned to one party after considering several factors. The following are some of the factors a Florida court may consider before deciding who gets ownership of the family pet;

• Who spent most of their time caring for the pet?
• Who is financially able to take care of the pet?
• Who provided for the pet’s needs, including taking them to the vet?
• Is the spouse requesting to keep the pet in good condition to care for it?

You Can Prevent the Court From Viewing Your Pet as Property

If you do not like the idea of the court viewing your dog, cat, or other family pet as property, you have other options. You and your spouse can negotiate a pet custody plan outside of court through negotiation, mediation, or collaborative divorce. Your divorce lawyer can help you choose the best strategy and work out a plan that is in both your and your pet’s interests.

Contact Our Orlando Divorce Lawyers

Divorce can be complex and emotionally charged. However, you don’t have to go through this process alone. Contact our Orlando divorce lawyers at The Arwani Law Firm for the professional support you need.

Source:

forbes.com/advisor/pet-insurance/pet-ownership-statistics/#sources_section:~:text=past%20three%20decades.-,As%20of%202024%2C%2066%25%20of%20U.S.%20households%20(86.9%20million%20homes)%20own%20a%20pet.,-%5B1%5D%20That%E2%80%99s