What Happens To Pets During A Florida Divorce?
In some states, it is now possible for judges to consider the best interests of the pet when deciding who they should primarily reside with. If you’re familiar with Florida’s family code, then you know that judges are tasked with considering the best interests of the children when deciding with whom they should stay, visitation schedules, and child support payments. Unfortunately, Florida is not quite ready to treat pets the same way we treat children. Instead, pets are considered property and subject to equitable distribution according to our state’s rules.
How does the law work in other states?
In October 2021, New York’s Governor signed a bill into law that adopted a “best interests of the animal” standard when equitably distributing a companion animal. The law was essentially amended to add a new sub-paragraph that requires the court, when awarding possession of a companion animal, to consider the “best interests” of the animal. Practically, this means that two spouses fighting over the family pet would have to present evidence that staying with them was in the pet’s best interest.
For example, if I’m a litigant and I want the family dog, I would argue that the dog is bonded primarily to me because I spend the most time with them. I would provide evidence that I walked the dog, took the dog to the park, and otherwise spent the most quality time with the dog. A judge would ultimately make a decision based on what they believe is the best interests of the animal.
Pets are considered property in Florida
Florida’s property division laws apply to pets in Florida. It may sound inhumane, but the Florida courts treat pets the same way they treat television sets and couches. Florida courts are not about to consider the best interest of a couch when distributing property during a family law case. In the same vein, dogs and cats do not necessarily have their best interests considered by the Florida courts.
To determine who the pet belongs to, the courts will consider various factors. Some of these factors have considerable overlap with New York’s rule, but they are considered from the perspective of the litigants. The pet’s perspective and interests are not considered. The Florida courts may consider factors like which spouse the pet spent the most time with, who needs the pet more, and who took the pet on walks or paid for veterinary bills.
What will never happen, however, is a custody agreement over a pet. You and your spouse can make an informal agreement over a pet, but the court won’t enforce or ratify the agreement through the divorce process. Custody arrangements in “best interests” states like New York can and do happen.
Talk to an Orlando Family Law Attorney Today
Greater Orlando Family Law represents spouses who are currently considering divorce. Call our Orlando family lawyers today to schedule an appointment, and we can begin discussing key elements of your divorce such as equitable distribution of marital property, alimony, child custody, and child support.
