Who Keeps Fluffy? Pets and Divorce

Many couples love their pets so much they refer to them as “fur babies.” These fur babies wear designer doggie clothes, regularly visit the salon and even attend family get-togethers and vacations. They are truly treated as full-fledged members of the family. If you are going through a divorce and feel this way about your pet, you may be highly concerned about what will happen to them after the divorce is final. Will you and your ex each receive joint timesharing with the pet? Will their timesharing follow the same plan as the one for the kids? Could you lose custody of your pet? 

Florida laws treat pets completely differently than children. For children, with some exceptions, each parent will generally be awarded about 50 / 50 timesharing. The court considers the child’s needs as the most important factor in its plan and, as such, the plan is based heavily on what is best for the child.

In contrast, pets are considered marital property and are treated like any other physical asset the couple owns. The court will not assign timesharing or financial support for a pet. If a couple wanted to, they could develop their own timesharing arrangement through mediation rather than through the courts. However, upholding the agreement would be strictly on the honor system – the courts will not enforce a timesharing agreement for a pet.

With the guidance of their attorneys, most couples are able to come to an agreement about who keeps the pet. If a couple is unable to develop a satisfactory solution on their own or through mediation, the court will decide this for them. Some factors the court may consider include:

• Did one of the partners own the pet before the marriage or was the pet purchased after the marriage?
• Has one partner been more active than the other in caring for the pet during the marriage?
• Which partner is more capable of caring for the pet moving forward?

The thought of losing a beloved pet to an ex-spouse can be devastating. It will be important to engage in self-care and if necessary, seek professional help from a licensed mental health professional as you emotionally process this loss.

The compassionate but tough attorneys at Troy Legal will fight for you to gain ownership of your pets after your divorce; we will also aggressively pursue a fair and just divorce settlement for you. We have provided expert legal guidance to thousands of individuals who sought a divorce and will do the same for you. Call us today to learn how our award-winning attorneys can help you.

Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce.  Troy Legal, P.A. is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.