Today, our family pet seems like a member of the family rather than a piece of property. When going through a divorce, this differentiation can be very challenging, as pets come with emotional attachments and are not seen as items of possession. However, in Florida, pets are considered property in divorce law. Therefore, judges do not make rulings on custody or timesharing of animals between divorcing couples. Ultimately, a judge will apply marital property law to determine who gets the pet in a separation or divorce.
Each case differs in how property is handled in divorce. In Florida, the equitable distribution statute seeks to divide marital property in a way that is fair to both parties. Fair does not always imply that the shares are completely equal. When considering family pets during a divorce, whether or not the animal is marital or separate property is an important consideration. If the pet is marital property, then it is subject to equitable distribution.
Thus, the judge will award the family pet to only one of the parties because Florida divorce and marital property laws do not provide for shared custody or timesharing of animals. If both parties are attached to the family pet, it may be best for them to reach an agreement on their own. If they are unable to do so, the judge will make a ruling under the equitable distribution statute and award the pet to one party.
Custody of a Family Pet Case in Florida
In 1995, a divorce case in Florida addressed the custody of a pet between two parties. Bennett versus Bennett (Bennett v. Bennett, 655 So. 2d 109, 109–11 (Fla. Dist. Ct. App. 1995) was a case between a divorcing husband and wife over the custody of their dog, Roddy. The court gave custody of the dog to Mr. Bennett, the husband, and gave his former wife visitation rights. However, this trial court had no legal right to give visitation rights to the former Mrs. Bennett.
Mr. Bennett was displeased with the court’s final ruling and believed the court erred in granting visitation rights to his former wife. And he wanted to amend the court’s rulings. The trial court lacked legal authority to award visitation rights to the wife because the dog was subject to the equitable distribution statute and was a piece of personal property. Under the Florida statute, a judge cannot order timesharing or custody of an animal.
Under Florida divorce law, family pets are property and are treated as such under the state’s equitable distribution standard. If both parties want custody or a timeshare of their pet(s), it may be best to reach an agreement outside of court. Because the state of Florida treats pets as property, judges cannot award timeshare or custody to either party. Because a pet is marital property, the equitable distribution standards will apply. The pet will be distributed fairly to one of the parties, just as the rest of the property would be in that case.
References:
The Florida Bar Journal/Should Family Pets Receive Special Consideration in Divorce?
