Does Florida Recognize Pet Custody in Divorces?

Many Tampa residents own pets, and for pet owners, those pets are part of the family. According to data from the American Veterinary Medical Association, more than 45 percent of US households own dogs, and more than 32 percent of US households own cats. In total, more than 100 million households in the country are pet-owning households, and many additional households own other pets such as fish, reptiles, birds, rabbits, small mammals, and horses. When two spouses in a pet-owning household get divorced, what happens to the pets?

Many divorcing spouses in Tampa are concerned about what will happen to their pets in their divorce and want to know if Florida recognizes pet custody in divorce cases. Unlike some other states, Florida does not recognize pet custody. Instead, pets are considered to be property and will be subject to the rules of equitable distribution. Our divorce lawyer in Tampa can explain in more detail.

No Laws for Pet Custody in Florida

A number of US states have put laws on the books that allow for pet custody proceedings in divorce cases. According to an article in the Family Law Quarterly, this practice has become more commonplace over the last several decades, resulting in pet “custody” proceedings that follow some of the same guidelines as “best interests of the child” standards that are used in determining child custody and time-sharing in divorce cases. However, there is no such law in place in Florida.

As such, any pets will be subject to equitable distribution. What is the equitable distribution rule in Florida? Here is what Section 61.075 of the Florida Statutes says:

“In a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity between the parties, or in a proceeding for disposition of assets following a dissolution of marriage by a court which lacked jurisdiction over the absent spouse or lacked jurisdiction to dispose of the assets, the court shall set apart to each spouse that spouse’s nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors.”

Factors for Pet “Distribution” 

Who will get your pet in a Florida divorce based on the language of equitable distribution in the Florida Statutes? First, if you owned your pet prior to the marriage, the pet may be considered nonmarital property and may go to you directly. If you and your spouse got the pet together, the court will consider a wide range of factors if you cannot reach an agreement between yourself and your spouse, which include but are not limited to:

• Economic circumstances of the marriage;
• Desirability of retaining any asset (including a pet);
• Contribution of each spouse to the acquisition of particular marital assets (including a pet); and
• Any other factors necessary to do equity and justice between the parties.

There are numerous other statutory factors that courts consider in distribution marital assets, but many may not be as relevant to a pet as those above.

Contact a Tampa Divorce Lawyer for Assistance

Although Florida law does not recognize pet custody and pets are generally considered to be marital property in Florida divorces, there are options for keeping your pet in your divorce. We know that pets can be important members of your family, and we know how the matter of who gets ownership of beloved family pets can be a crucial issue in a divorce. Our firm is here to help. An experienced Tampa divorce attorney at The Law Office of Laura A. Olson, P.A. can speak with you today about matters pertaining to your family pets in your divorce, as well as any other divorce issues. Contact us today for assistance and to find out more about how we can help with your Florida divorce.

Sources: 

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

avma.org/resources-tools/reports-statistics/us-pet-ownership-statistics

scholarlycommons.law.hofstra.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1556&context=faculty_scholarship