We are Getting Divorced in Pinellas County—Who Gets the Dog?
If you are a pet lover in Pinellas County, you are certainly not alone. Forbes cites data showing that nearly 40 percent of households in Florida own a dog. For divorcing couples, figuring out what happens to a beloved dog can be an especially challenging—and highly emotional—part of the process. It is crucial that you understand the law in our state. Here, our Largo divorce lawyer provides a comprehensive overview of the key points to know about dogs and divorce in Florida.
Florida Law: Dogs are Property
First and foremost, it is important to clarify the law for dogs and divorce in Florida: Dogs are considered property. While they become members of the family for so many different people, the legal reality is that Florida treats a dog as property in a divorce case.
Note: A small number of states have recently enacted “pet custody” laws for divorces. California is one of the most prominent examples. That is not true in Florida. Dogs are still property here.
Determine if a Dog is Separate Property or Marital Property
When you are going through a divorce in Florida, the court must determine if the dog(s) is separate property or marital property. If it is separate property—usually if the dog was owned by one person solely before the marriage and/or if it is protected by a marital agreement—then that person will retain ownership of the pet. The dog will not be part of the property distribution. In contrast, if a dog is marital property in Florida—as are most dogs acquired after the start of a marriage—the dog is subject to equitable distribution in the divorce.
Equitable Distribution Applies to Division of Marital Property (Pets)
Under Florida law (Florida Statutes § 61.075), a couple’s marital property is divided in a fair manner. It is a comprehensive standard that applies to all of a couple’s assets, including pets. A court may look at some case-specific issues when deciding who gets to keep the dog(s), such as:
- Who cared for the dog;
- Who handled veterinary appointments; and
- Each party’s willingness to support the pet.
Collaborative Solutions Almost Always Work Best for Handling Dogs
Deciding who gets to keep the dog after a divorce can be complicated—especially if both spouses want the animal. For these reasons, a collaborative approach is often best. It may minimize the stress for the parties and help ensure that the animal is properly cared for—whether it becomes the sole property of one spouse, or the parties agree to split care going forward in some manner.
Set Up a Confidential Consultation With Our Largo, FL Divorce Lawyer
At the Law Office of Gale H. Moore P.A., our Largo divorce lawyer has the knowledge that you can depend on. If you have any questions about dogs and divorce, we are here to help. Call us now or contact our family law team online to arrange your strictly confidential initial appointment. From our Largo office, we handle divorce cases in Pinellas County and throughout the area.
Source:
forbes.com/advisor/pet-insurance/pet-ownership-statistics/
