Who gets to keep the dog in a breakup? In Florida, there’s actually an answer
Breakups are never easy. But what happens when you have a furry friend in the middle to think about?
When it comes to divorce, spouses can duel over who gets the house, the retirement benefits and other valuable assets, but some might be wondering who gets to claim the family pet.
Emotions can boil over when it comes to who gets "custody" of the pet, as seen with several headlines over the years. From messy celebrity divorces to proposed state laws, it's clear that deciding over the ownership of pets has proven to be an evolving, difficult topic.
When it comes to Florida, who gets Fido once the relationship is over? Here's what to know (incase you ever need it).
Who gets a pet in a Florida divorce?
According to Orlando Family Team Law, pets are considered property in Florida, which means only one spouse will end up with the family pet in a divorce settlement.
Since pets are considered property, that means Florida’s divorce laws governing the division of marital property will apply. The division of marital property – sometimes called the marital estate – is subject to an extensive process called equitable distribution.
"These criteria are codified in Florida’s domestic statutes. Not all of them are relevant to pets, but depending on the circumstances, some of them can be used in your favor," OFTL explains. "Equitable distribution is a fact-intensive process, meaning that the outcome depends heavily on the particular details of your case."
In the case of a family pet, they said the courts might look at:
Who spent the most time or effort taking care of the pet?
Who took the pet to veterinarian appointments or otherwise provided for its needs?
Is the spouse requesting the pet financially able to take care of it?
Is the spouse requesting the pet in good enough health to take care of it?
How much is the pet worth?
What if I owned the pet before the marriage?
If you already owned the pet before marrying your spouse, Florida courts will most likely consider the pet separate property, which means it won’t be included in equitable distribution and you will get to keep it.
Can I get joint custody or visitation to see my pet in Florida?
No. Florida courts will not award custody or visitation rights over a pet as there is no such thing as a “best interests of the pet” standard, as it would be for a child.
Rather, the court will award ownership of the pet, since it’s considered property.
Do I have to go to court to determine who gets the pet after a divorce?
Not at all.
In a former Florida Times-Union story, now-retired Judge Daniel Wilensky said most people manage to work out pet arrangements on their own, such as in mediation. In mediation, a third-party neutral can assist divorcing spouses in resolving their disagreements over equitable distribution, along with other issues like child custody, alimony and pet ownership.
But he reminded those who don't seek these options: Judges have to follow the law, and the law says that pets are property.
How do I avoid this?
While no one wants to plan ahead for this type of situation, one might wonder how you could avoid if you find yourself tackling "pet custody" problems in the near future.
In an interview with personal finance website Kiplinger, Seal Beach family law specialist attorney Glen Rabenn shared how families can prevent a messy dog custody battle. He offered this 5-step solution:
Have a detailed agreement in writing. Err on the side of being overly specific.
It should contain a weekly schedule of custody and state who makes important medical decisions, including ultimately about putting the animal down.
Can you take the pet outside of your state? Think of the same things as for a child.
Do not leave things to chance.
If you have a disagreement, specify mediation or agreed-upon family members to decide the matter.
This article originally appeared on Fort Myers News-Press: In a Florida divorce, who gets the pet? See what Florida law says
