Posted by Nydia Streets of Streets Law in Florida Child Custody
How does a Florida divorce court decide who gets the family dog? Pets are generally considered property and would be viewed similar to a vehicle or other asset of value. If the parties cannot agree on who gets certain property, including a pet, the Florida Statutes authorize a court to consider, among other factors, the desirability of retaining any asset when deciding to whom the property should be awarded. The case Springer v. Springer, 2D20-812 (Fla. 2d DCA June 11, 2021) concerned a dispute about a dog.
The parties’ final judgment of divorce determined a pet dog was the former husband’s non-marital property. The dog was in the former wife’s possession at the time the final judgment was entered, and she apparently refused to give it back to the former husband. The former husband filed a motion for contempt and sought return of the dog. Instead of ordering the dog to be returned to the former husband, the trial court ordered the former wife to pay the former husband the fair market value of the dog. The former husband appealed.
The appellate court agreed with the former husband, holding the trial court’s action amounted to an improper change to the former husband’s property rights. The court held “Even though the final judgment of dissolution contained a reservation of jurisdiction for its enforcement, such a general reservation did not authorize the trial court to change the former husband's established property right to a monetary award.” The court further held “The trial court erred as a matter of law by acting in excess of its jurisdiction by modifying the final judgment of dissolution with respect to the nonmarital property. We therefore reverse the order on appeal to the extent that it awarded the former husband the fair market value of the property and remand for entry of an order enforcing the final judgment of dissolution.”
Consult with a Miami family law attorney to determine your potential rights to property in your Florida divorce.