Can I Seek Pet Custody in a Florida Divorce?

If you are getting divorced and you currently share one or more pets with your spouse, you may be concerned about how legal issues pertaining to ownership of your pet will be handled in your divorce. You may be wondering, for example, if you are able to seek pet custody, or whether the court may require you and your ex to share custody of a dog, cat, horse, or other pet that has become akin to a family member during your marriage.

In short, while certain other states have pet custody laws that allow pet custody to be determined in ways similar to child custody or parenting time, Florida does not have a pet custody law. As such, pets will be divided along with other property according to the rules of equitable distribution. Our Port St. Lucie divorce attorneys can explain in more detail below.

Research and Legal Changes Concerning Pets, Divorce, and Custody

Over the last two decades, research has arisen concerning pet “custody” and how pets fit into families. Much of that research has focused on whether states should change their laws to reflect the fact that pets are often more like children than other assets in a marriage, and thus should not be “divided” between spouses like other forms of property are in a divorce case. Yet researchers, scholars, and practitioners have mixed perspectives on such legal changes.

A study published by Hofstra Law School back in 2010 argued that pets should clearly remain “property” in divorces if rationality is to be the focus on the distribution of marital assets and liabilities. Yet over the last decade, several law review articles have suggested that pet “custody” disputes are becoming increasingly common, and that the application of a “best interest of the family” standard or “best interest of the pet” — akin to a “best interest of the child” standard — might make the most sense.

Some states have agreed, changing their laws to permit pet custody proceedings to move forward in separation and divorce cases. Florida is not among those states, however. As such, you will need to consider Florida’s equitable distribution law in order to understand how the court will decide who owns a family pet after the divorce.

Equitable Distribution in Florida

Under Section 61.075 of the Florida Statutes, all marital assets and liabilities — which includes pets — will be distributed according to the terms of equitable distribution. That means “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.”

There are a range of statutory factors that the court can consider, though none of them specifically address pets or the care of a pet. There is a factor, however, concerning one spouse’s “desirability of retaining any assets . . . intact and free from any claim or interference by the other party.”

Beyond working with your lawyer to seek your family pet as part of equitable distribution, you may also be able to work with your lawyer on an uncontested divorce in which you and your ex agree to a settlement that the court approves in which you retain ownership of the pet.

Contact a Port St. Lucie Divorce Attorney to Find Out More About Obtaining Ownership of Your Pet as Part of Your Divorce Settlement

It is important to seek legal advice if you are anticipating a divorce in which both you and your spouse want to retain ownership of a beloved family pet. One of the experienced Port St. Lucie divorce lawyers at Baginski Brandt & Brandt can speak with you today about your options and how we can assist you.

Source:

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