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Divorce and the Family Pet

ate last year, a Florida appeals In a recent Second District Court of Appeal opinion, the
court addressed the emotional court recognized the emotional attachment people have to family
Lattachment of family pets and its pets, and acknowledged that this factor should be considered in
impact on a divorce. To understand this determining which party is awarded the family pet. Harby v. Harby
issue, Beth Vogelsang, a board-certified (Fla. 2nd DCA 11/18/2021).
expert in divorce, marital and family law Beth shares that “the court noted that in several states pets
in Naples, provides some background have a special property status. Although Florida is not one of
and insight. those states, the 2nd District held that a trial court may consider
In 2020, Beth’s family lost their sweet a party’s sentimental interest in the property, such as the ordinary
little puggle named Savannah to old attachment to a pet, whether the pet is a service animal to one of
age. The timing was terrible, right at the the parties, whose possession the pet was in during the proceedings
by Beth T. Vogelsang, Esq. start of the pandemic. They had adopted and other factors of section 61.075. See § 61.075(1)(j) (permitting
Savannah sixteen years ago to help their the trial court to consider ‘[a]ny other factors necessary to do
youngest child adjust when his older siblings headed off to college. equity and justice between the parties’). This decision opens the
A few years later, Beth and her husband became empty nesters door in divorce litigation to present evidence to permit a family’s
after their youngest child left for college too. Savannah was a preference.”
loving companion, filling the silence of their home with happy Bottom Line
sounds and loving affection. When their children returned home The Harby decision leaves clear that although a pet may be
for visits from college, Savannah excitedly greeted them as if they mere property, a family pet should not be treated the same as a
had never left. crockpot in divorce.
The thought that if Beth’s husband and she had divorced during
that time, Savannah would have been considered “property” to be Beth Vogelsang is a Naples, Florida, resident.
divided like silverware and a dining room table is unthinkable. She is Florida Bar Board Certified Divorce, Marital and Family Law
Savannah was a member of their family. They couldn’t imagine attorney and stockholder at Henderson, Franklin, Starnes & Holt, P.A.
being separated from Savannah. In 2021, Florida Super Lawyers magazine has named her one of the
Florida law and the family pet “Top 50 Women Attorneys” in the entire state! Beth may be reached at
Although pets are still considered “property” in Florida divorce beth.vogelsang@henlaw.com or by phone at 239-344-1244.
cases, there is a change in the air as to what factors should be
considered in deciding which spouse is awarded ownership of a
family pet. Florida courts are still not authorized to give “custody”
of a pet to one party, or visitation rights to the other party. But
a court is not limited from considering fair and equitable factors
when deciding who should get the family pet.

Life in Naples | April 2022 27