Is your pet property or a part of the family? Many people would say their dog, cat, fish, bird or other household pet is part of their family. They may even get the same care and treatment as a child would. Many people would think that it is harsh to consider a pet similar to a fridge, car or sofa.
But, Florida state laws would say otherwise. This decision can have great implications for a divorce. Here is what you should know:
Why does it matter if pets are property?
When people divorce, one of the many questions that is brought up is who will get the pet in the divorce. It may seem obvious to some that their pet would go to them. This may be because they care for their pet’s needs more. Or, they were the person who bought their pet.
However, because pets are considered property, they may be given to a person according to marital property laws. Florida marital property law states that assets will be divided equitably. That means that assets are distributed to what is fair, but that does not always mean that a pet will be given to a spouse who wants them the most.
How do you keep your pet in a divorce?
There are a few reasons why someone would keep their pet in a divorce. For example, if they bought their pet before marriage, their pet may be considered non-marital property. A spouse may also keep their pet if it was stated in a prenuptial or postnuptial agreement.
A spouse may also show a judge that they are better suited to keep their pet after a divorce. Evidence that a spouse primarily cared for their pet may include vet bills, time spent with their pet, training and documentation of pet expenses.
Property division is a difficult subject to discuss in a divorce. You may need to reach out for legal help to learn about your rights.