Nothing can turn an otherwise-amicable divorce into a battlefield like a fight over the family pet. Given that more than 42% of households in this country have one or more dogs (and more than 32% have cats), this can be a common concern.
While people often think of their pets as “members of the family,” or even their “furbabies,” Florida law generally treats them as property – subject to the same equitable division rules that control the family furniture, dishes and more. That means the outcome of a dispute over the dog or cat often depends on the unique circumstances of the case.
How Florida courts may decide
In many cases, the best solution is one the spouses negotiate for themselves. Some couples agree that one spouse will keep the family pet, while others create informal visitation arrangements and agree to share. Although courts generally do not order ongoing pet-sharing schedules, spouses are free to reach agreements that work for their family.
If a couple cannot agree what should happen, the court may look at ownership. Who has the greater right to the animal? To decide, the court may review:
- Whose name appears on the adoption or purchase paperwork
- Who paid the adoption fee or purchase price
- Who is listed on veterinary records
- Who pays for food, grooming, medications and veterinary care
- Whose name appears on the pet’s microchip registration or local license
- Which spouse has been the pet’s primary caregiver (feeding, exercising and taking the animal to the vet)
- Whether the animal was owned before the marriage or acquired during it
Children, too, may have a role in the determination. In some cases, a parent with primary custody of the children may also be granted ownership of the family pet, too – especially if the children are deeply attached to the animal.
While no single factor is necessarily controlling, documentation that shows consistent responsibility for the pet can strengthen one spouse’s position.
If this is important to you
Because there is no standard “pet custody” statute in Florida, these disputes can become surprisingly complicated. If keeping the family pet is important to you, begin gathering records as early as possible. Veterinary invoices, adoption contracts, microchip registration records, receipts for pet supplies, grooming appointments and photographs showing your involvement in the animal’s daily care may all be helpful.
Disputes over pets can quickly become expensive and emotionally draining. Whenever possible, it is in everyone’s best interest to negotiate a practical solution rather than leaving the decision to a judge. An experienced Florida divorce attorney can help you evaluate your legal position, gather the evidence that supports your claim and work toward an agreement that protects what matters most to you.
