Who Will Get the Family Pet in a Florida Divorce Proceeding?


For most people, pets are family. Whether it be your dog, your cat, your hamster, or your exotic lizard- our pets are such an important part in our lives. But what happens with your beloved pet if you and your partner are going through a divorce?

While it is hard to think of our furry (or sometimes scaly) friends as “property,” in Florida, that is how pets are classified. Unfortunately, pets are not treated like children in divorce proceedings where you can ask for a time-sharing schedule and financial support. Florida Statute 61.075 governs the equitable distribution of marital assets and liabilities. Under Florida Statute 61.075(1), the court will look at several different factors to determine how your marital assets – including pets- will be distributed.

When it comes to the distribution of property, these factors may include components such as the duration of the marriage, the economic circumstances of each party, the contribution of each spouse, and many other factors to consider. When it comes to the distribution of a pet, the court may look at factors such as who owned the pet before the marriage or who has cared for the pet the most. They could also ask questions regarding who has the ability to care for the pet or the available time required to take them long term.

Contact us Today—

The Florida Probate & Family Law Firm has a team of experienced Probate and Family attorneys located in Coral Gables, Florida. As attorneys who practice Family and Probate law, we understand how divorce matters become extremely emotional especially when a beloved pet is involved. If you are currently considering a divorce, contact us to set up an appointment to evaluate your options. We serve the entire state of Florida so call us at 305-677-5119 or email us at [info@flpfl.com](mailto:info@flpfl.com).

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