July 13

How They Decide Who Gets the Family Pet in a Divorce in Florida

pets and divorceSo, you are going through a divorce. You and your former spouse have agreed on how to divide your personal property. You decide on what becomes of the home, cars, and bank accounts. But who gets the family dog, cat, or other pets?

You may be surprised by the answer.

The issue of pets in a divorce is fever officially addressed in divorce court. Our "furry family members" are treated as property. They are given a monetary value and are subjected to the laws of equitable distribution.

Much like all other personal property, if you can prove that your pet is your separate (non-marital) property - meaning you acquired the pet before you were married - you have a solid case for keeping your pet. However, it is best to have physical proof that your pet was acquired premaritally.

Examples of tangible proof of ownership include:

  • A copy of your bill of sale
  • A bill dated before marriage that preferably refers to your pet by name or breed
  • Receipts for pet supplies or pet food

These would substantiate your claim that you owned the pet before your marriage.
If your pet was given only to you as a gift by a person other than your spouse, the case could be made that your pet should stay with you. However, there is some difficulty in proving the receipt of the gift.

Given the nature of Florida law, the issue of pet ownership is best resolved outside of the courtroom. Ask yourself, while looking forward to your life after divorce, if you want the responsibility of owning a pet. Try to agree with your former spouse to determine who is best equipped to care for your animal. Consider your resources, daily schedule, and living arrangements. If minor children are involved, it is best to consider what role your furry family member plays in their lives.

For a consultation on this or other Family and Divorce Law matters, contact Cox Law Firm, PA.