Divorce is a profoundly challenging experience, often requiring couples to untangle years of shared lives, assets, and emotional connections. Among the most emotionally charged decisions is determining the fate of a beloved family pet. In Florida, family pets hold a unique, yet legally defined, status within dissolution of marriage proceedings. Understanding how courts address the equitable distribution of these cherished companions becomes crucial for any divorcing couple.
Under Florida law, animals are personal property. “While a dog may be considered by many to be a member of the family, under Florida law, animals are considered to be personal property.” Harby v. Harby, 331 So. 3d 814, 821– 22 (Fla. 2d DCA 2021). This legal classification means courts cannot grant “custody” or “visitation” in the same way they do for children.
Florida Statute section 61.075 governs the equitable distribution of marital assets and liabilities. The statute mandates that a trial court must “set apart to each spouse that spouse’s nonmarital assets” and then distribute the marital assets, beginning with the premise that the distribution should be equal. This distribution relies on “competent substantial evidence with reference to the factors enumerated in subsection (1)”. The statute lists various factors, including each spouse’s contribution to the marriage, economic circumstances, the marriage’s duration, and interruption of personal or educational opportunities.
Notably, Section 61.075 does not explicitly mention the distribution of pets. However, Florida courts must consider the enumerated factors, along with “[a]ny other factors necessary to do equity and justice between the parties“. This last factor, found in section 61.075(1)(j), becomes particularly significant for pets. A trial court has broad discretion to fashion an equitable distribution scheme, provided it supports the distribution with specific factual findings resting on competent, substantial evidence. This discretion should not be exercised whimsically or inconsistently.
The 2021 case of Harby 331 So. 3d at 821–22 provides important insight into how Florida courts handle pet distribution. In Harby, the Former Wife appealed the trial court’s decision to distribute two family dogs, Liberty and Nico, to the Former Husband. The Former Wife claimed Liberty was her emotional support
animal and argued that the dogs were bonded and should not be separated. The trial court determined the dogs were marital property and awarded them to the Former Husband, noting the Former Wife’s good health and absence of physical or mental disabilities, and that the dogs had been in the Former Husband’s possession since the parties’ separation.
On appeal, the Second District Court of Appeal affirmed the trial court’s decision regarding the dogs. The court acknowledged that “pets have a special property status that the trial court must consider for fair and equal distribution of the marital assets” in some states, but explicitly stated, “Florida is not one of those states”. Crucially, the court found that while Liberty might have been “emotionally comforting,” the evidence did not demonstrate that the Former Wife had a disability or that Liberty provided emotional support to alleviate an effect of a disability. The court emphasized that “Liberty and Nico were family dogs, not Former Wife’s personal dogs”. This means that while a party’s “sentimental interest in property, such as the ordinary attachment to pets,” may be considered, it does not take priority over financial fairness unless tied to a specific disability that the animal genuinely supports. The court considered that each party had cared for the dogs at different times, with the Former Husband having cared for them for the past three years.
Given the legal classification of pets as personal property in Florida, couples should understand that seeking “custody” of a pet is not an available legal remedy. Instead, the focus during dissolution proceedings shifts to the equitable distribution of this unique marital asset.
Key considerations and strategies for litigants seeking to retain a family pet may include:
61.075(1)(j) to present a comprehensive picture of why awarding the pet to one party would be the fairest outcome.
All arguments must rest on competent, substantial evidence. Without it, a court’s decision may be reversed on appeal.
The legal landscape surrounding equitable distribution, particularly for assets like family pets, requires specialized knowledge and strategic advocacy. Navigating Florida’s statutes and case law on this nuanced issue demands precise application of legal principles. An attorney Board Certified in Marital & Family Law possesses the expertise to effectively represent your interests. This certification, officiated by The Florida Supreme Court and administered by The Florida Bar, is the “gold standard” for Florida lawyers. It indicates a lawyer’s expertise, professionalism, and ethics, validated through rigorous examinations and peer review.
Furthermore, a legal professional with deep involvement in the Family Law Section of the Florida Bar, such as membership in the Equitable Distribution Committee, brings invaluable insight into the evolving interpretations and practices of family law. When retaining such a lawyer, clients gain access to specialized expertise, professionalism, and a heightened dedication to excellence, ensuring comprehensive and insightful legal guidance.
When a family dissolves, the question of who keeps the pets can be profoundly distressing, reflecting emotional bonds that transcend simple property ownership. While Florida law classifies pets as personal property, experienced family law attorneys understand how to present your case within the framework of equitable distribution, emphasizing the “equity and justice” factor and other relevant circumstances. Securing the right legal counsel ensures that these significant, yet legally complex, assets are addressed with the care and consideration they deserve.
Anthony Meehan Genova is a highly qualified legal professional specializing in family law, particularly known for his extensive experience in mediation and his commitment to community service. Mr. Genova is Board Certified in Marital & Family Law. This certification signifies Florida’s official, independent determination of a lawyer’s expertise to practice in a specialty field of law, widely regarded as the “gold standard” for Florida lawyers. The Board Certification program, officiated by The Florida Supreme Court and administered by The
Florida Bar, began in 1982 to help the public select lawyers who are distinguished in particular areas of law. The Florida Bar thoroughly evaluates all board-certified lawyers for credibility and expertise in their specific area, as well as for professionalism and ethics in the practice of law, encapsulated by the slogan “Evaluated for Professionalism, Tested for Expertise”.
To achieve this esteemed certification, Mr. Genova, like all board-certified lawyers, demonstrated a dedication to achieving a heightened level of excellence through character, professionalism, ethics, and credibility. The rigorous process requires lawyers to have practiced law for at least five years before becoming eligible and to show substantial involvement in their chosen area of law. He successfully passed a comprehensive examination that evaluates a high level of knowledge, skills, and expertise in the specialty field, and underwent a rigorous peer-review process assessing competence, professionalism, and ethics. Additionally, board-certified lawyers must satisfy continuing legal education requirements that are more robust than those for general licensure. This certification is valid for five years, requiring continued practice and attendance of Florida Bar-approved continuing legal education courses for recertification. As of 2023, fewer than 5,000 lawyers in Florida, representing only 5% of eligible Florida Bar members, have earned board certification. Recent research indicates that lawyers who list themselves as “board-certified” in a specialized area are 25% to 40% more likely to be hired than non-board-certified counterparts with similar credentials. When retaining a board-certified lawyer like Mr. Genova, clients gain access to specialized expertise, professionalism & ethics, credibility, and a heightened dedication to excellence. His rigorously evaluated experience and competency offer clients assurance of a heightened level of proficiency in Marital & Family Law.
In addition to his board certification, Mr. Genova has been a Supreme Court Certified Marital & Family Law Mediator since 2019. He has been a dedicated member of the Executive Council of the Family Law Section of the Florida Bar since 2016. His significant involvement within this section includes various leadership and committee roles, demonstrating a deep engagement with the evolution and practice of family law: Co-chair of the Rules and Forms Committee (2018-2020), Chair of the Membership Committee (2016-2017), Vice Chair of the Domestic Violence Committee (2017-2018), Co-Vice Chair for Diversity and Inclusion (2023-2024), Member of the Equitable Distribution Committee (2017- 2020), Member of the Support Issues Committee (2014-2018).