What Happens to Pets in a Florida Divorce
If you are going through a divorce, one of the most emotional questions you may face is what happens to your pet. For many people, pets are part of the family. They provide companionship, comfort, and routine. But how does Florida law view them?
In Florida, pets are generally treated as personal property in divorce proceedings. This means they are handled similarly to other assets during equitable distribution. Under Florida Statutes §61.075, courts divide marital assets in a way that is fair, though not always equal. Because pets fall into the category of property, the court does not typically consider emotional attachment in the same way it would when determining child custody.
That can feel frustrating if you see your pet as more than just property. Still, understanding how the law approaches this issue can help you better prepare for what lies ahead.
How Do Courts Decide Who Keeps the Pet?
Since pets are treated as property, courts will look at factors similar to those used in dividing other marital assets. Instead of focusing on what is best for the pet, the court may consider ownership and financial contributions. Some common considerations include:
- Who purchased or adopted the pet
- Who primarily paid for food, vet care, and other expenses
- Whether the pet was acquired before or during the marriage
- Any agreements between spouses regarding the pet
If a pet was owned by one spouse before the marriage, it may be considered separate property. However, if the pet was acquired during the marriage, it is more likely to be treated as a marital asset subject to division.
Can Couples Create Their Own Pet Arrangements?
Many couples prefer to reach their own agreements rather than leave the decision to a judge. This can allow for more flexibility and creativity. For example, some spouses agree to shared arrangements, such as alternating time with the pet or sharing expenses.
While courts may not formally enforce “custody” schedules for pets, mutually agreed arrangements can still be included in a settlement. These agreements can help reduce conflict and ensure that both parties maintain a relationship with the pet if that is important to them.
Open communication and negotiation can go a long way in reaching a resolution that works for everyone involved.
Talk to Our Team About Your Situation
Every divorce is different, and issues involving pets can quickly become emotional and complex. If you are unsure how Florida law may apply to your situation, it is important to understand your options.
At Anderson & Ferrin, we help individuals navigate family law matters with clarity and care. Our Orlando family law attorneys are ready to discuss your situation and help you move forward. Contact Anderson & Ferrin today to schedule a consultation and get the guidance you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html
