Does Florida Have Pet Custody Laws?

If you live in Florida, you might wonder what happens to your pet in the event of a divorce or breakup. Perhaps your relationship is on solid ground, and you’re simply thinking about the worst-case scenario. Maybe you’re heading toward divorce. Whatever the case may be, you may have heard that some states have “pet custody laws.” How exactly do these laws work? Does Florida have these laws? What happens to your pet after a divorce or breakup? These are questions you might want to ask your divorce lawyer in Orlando.

Florida Does Not Have Any Dedicated “Pet Custody Laws”

The first thing you should know is that Florida lacks the “pet custody laws” that a few other states have recently created. Examples of these states include California, New Hampshire, and New York. While these states allow judges to consider the “best interests” of the animal in question, Florida does not. However, this does not necessarily mean that Florida has no laws that apply to pets during divorce.

Pets Are Property in Florida 

Pets are considered “property” in Florida. In other words, the Sunshine States views domesticated animals in the same way as washing machines, couches, cars, and other inanimate objects. While this might seem inhumane and crude, Florida’s property laws at least give spouses a clear idea of what happens to their animals after divorce.

Property division laws apply to pets in Florida. First of all, consider whether your pet was purchased, acquired, or inherited prior to the signing of your marriage contract. If so, the spouse who purchased the animal gets to keep it after the divorce has been finalized. In other words, the pet is a “separate asset” and therefore ineligible for property division.

If the pet in question was purchased or acquired during the marriage, Florida’s equitable distribution laws apply. In other words, family courts will consider various factors to determine how this “piece of property” should be divided in the most equitable manner. Note that “equitable” does not necessarily mean “fair” in this context.

Courts may consider who fed and cared for the animal during the marriage. They might consider who paid for veterinary care, who took the dog for walks, and other things of this nature. They might also consider who needs the animal more – perhaps for work, protection, or emotional support. Based on these factors, the family court may decide to award the animal to one specific spouse.

An animal obviously cannot be “divided” in the same way as cash. If it seems impossible to deal with this situation through normal methods, a family court may force spouses to sell the animal and divide the proceeds. However, this outcome is rare.

Find an Experienced Divorce Lawyer in Florida 

If you’ve been searching for an experienced divorce lawyer in Orlando, look no further than Steve Marsee, P.A. We know how complex certain assets can be during divorce, and a pet is just one example. Over the years, we have helped numerous spouses address these issues with confidence. Reach out today to discuss your unique situation in more detail – and get started with an action plan.

Source:

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