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What Happens to Pets After a Greater Orlando Area Divorce?

For many people out there that do not have children, their pets are like a child to them. Life would never be the same without the pet. Their pet is the one being that loves them unconditionally. Pets will make you smile when you have had a totally miserable day.

As an animal lover, I am saddened to say, that our beloved pets are considered property under an Orlando, Florida divorce. This applies throughout the state of Florida. Yes, I repeat, that our little darlings that are priceless and precious to us, are considered property. We may love them as much as most people love their children. However, under Florida law they are considered property and distributed like property.

Therefore, the first question to ask is whether the pet is a nonmarital assets? In plain English, did you own the pet prior to the marriage? Did you receive the pet as a gift from someone other than your spouse during the marriage? Did you inherit the pet? If the answer is yes, the next question to ask is: can you prove that you owned the pet prior to the marriage? Or, received the pet as a gift? Or, inherited the pet? Or, will your spouse admit to that? If you can prove that the pet was owned by you prior to the marriage, given to you as a gift, or you inherited the pet, then you would have a priority right to get the pet. The pet is your nonmarital asset.

This may be proven by receipts, contracts of sale/purchase, or the adoption paperwork on the animal. The person that gave you the pet could write a sworn affidavit attesting to that fact. You could produce the inheritance documents to show the inheritance of the pet. Look at the documents you have to see who is named as the purchaser or adopter of the pet. Some pet rescue agencies have detailed pet adoption questionnaires. One such agency asks in the adoption questionnaire, who will get the pet if you get an Orlando divorce. If you saved the questionnaire, you could use that to argue you should get the pet.

What if you cannot prove the pet is a nonmarital asset and you are very attached to the animal?

Of course, you may negotiate on who gets the pet. You could give your spouse other assets in order for them to give you the pet. If your spouse is willing to this, you could set up a time sharing schedule for your pet. You can be very creative if you are crafting your own settlement agreement. This arrangement could be included in a Marital Settlement Agreement or Mediation Agreement. That is why negotiation would be crucial in this situation.

Otherwise, if you proceed to court, the judge will distribute your precious priceless pet as if they were property.

This article is for informational purposes only and does not form an attorney client privilege.