My Partner and I are Getting Divorced – Who Gets to Keep the Dog?

If you and your partner own a pet and you have decided to file for divorce, who will retain “custody” of the animal has undoubtedly already crossed your mind. If so, you are not alone. For divorcing couples, deciding who gets to keep the family pet can be challenging and highly emotional. To help give you a better idea of what to expect from the legal system in regards to this issue, we’ve included a comprehensive overview of how pets are handled during a Florida divorce.

Under Florida Law Pets are Considered Property 

While they may feel like members of the family, under state law, dogs, cats, and other pets are considered property. While a few states have enacted laws specifically to address pet custody, Florida courts continue to view animals as property for divorce purposes. While this can feel counterintuitive to many couples, it’s an important fact to keep in mind, as couples who are unable to agree on who keeps the animal upon finalization of their divorce will have to present arguments to the court about whether the animal qualifies as separate or marital property.

Pets Can Qualify as Marital or Separate Property 

In Florida, divorcing couples must divide all of their marital assets, or property acquired by either spouse during the marriage, in an equitable fashion. Separate assets, on the other hand, or property obtained by either spouse before getting married, will usually remain in the sole possession of the original owner. As odd as it may seem, family pets fall under these categories as well and whether they are considered marital or separate property will largely dictate who gets to keep them after divorce. If, for instance, one of the spouses had a dog before marriage, then he or she will likely be granted sole ownership of the animal. If, on the other hand, a couple bought the puppy together after their marriage had occurred, it will be subject to equitable distribution in the event of divorce.

Florida’s Equitable Division Standard Applies to Pets 

State law requires that all of a couple’s marital property be divided equitably, or fairly, upon divorce. This can prove to be more complicated when the asset in question isn’t a bank account or a vehicle, but a beloved family pet. In these cases, courts are willing to look at some case-specific issues when deciding what type of division would be fair, including:

• Who primarily cared for the dog;
• Who is most willing to continue to support the pet;
• Whether the couple share children who are attached to the animal; and
• The value of the animal.

Based on these factors, a court could decide that the fairest solution would be to grant ownership of the animal to the person who already provides care for it or who has primary custody of the children. Still, it can be difficult for a judge to make a fair decision in these types of cases, which is why we always encourage couples to try and reach an out-of-court agreement on their own regarding the fate of the family pet.

Available for Evening and Weekend Appointments 

At Cairns Law, our Clearwater divorce lawyers have the kind of knowledge and experience that you can depend on. If you have questions about sharing custody of your family pet after divorce, we are here to help. Call us at 727-683-1472 to set up an appointment today.

Sources: 

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html

forbes.com/sites/patriciafersch/2024/01/15/is-your-pet-a-piece-of-property-or-a-beloved-family-member/