b'pawLAWMy Spouse Wants A Divorce.Who Gets The Dog?Text by Dionne Blaessing, Esq.Having been a divorce lawyer for 21 years, I can safely say that Whatifmypetisspeciallytrainedasaserviceanimalvery few split-ups are without emotional impact and controversy. assisting me for my disability? If the pet is a service animalAdding a beloved pet to the controversy brings on a new level of trained to assist you for handicapped or a special needs, I wouldemotion. Having said that, if you and your spouse can mutually argue that the pet should stay with you based on the followingagreeonthetermsofthedivorce,yourMarriage exception to the definition of marital property: If youSettlementAgreementcanarticulatewhich were injured during the marriage and procuredspouse gets the pet(s) and that agreement a settlement or award to compensate youwill be upheld by the Court. A dissolu- alone for harm done to you, that awardtion of marriage must ultimately be isnotconsideredmaritalinnatureordered by the Family Law Court. and is not subject to equitable dis-If your dissolution is contro- tribution. I would argue that anversial,theFloridaLegislature exceptionwouldapplytoahasenactedstatutesoutlining service dog. the terms that must be applied What if I trained, showed,toissuesofchildsupport, bred my pet during mytimesharing, alimony, and the marriage and my spouse diddistributionofyourmarital not contribute to the activities?assetsandliabilities.Fl.St. Speak to a family law/animal61.075definestherulesof law attorney. The value of a showEquitableDistributionofassets dog probably exceeds the marketand liabilities, giving each spouse a or replacement value (not the emo-50% interest in the total accumulation tional value) of a home pet. Your spouseofthemaritalassetsandliabilities. The does have an equitable claim based on theCourt wants each spouse to have an equal share dogs value, just as a stay-at-home spouse has aof what was accrued during or merged into the mar- claim to the value of a working spouses pension accruedriage, not by splitting each asset or liability, but by splitting the during the marriage. Negotiation based on a good appraisal oftotal value of the combined personal property, financial assets, the assets and liabilities of the marriage is key.debits and liabilities. Can I demand timesharing for the pet we owned during theFlorida courts have recognized the special emotional bond marriage? The Court only has the legal authority (jurisdiction)between an owner and a family pet. However, they have consis- to decide issues of equitable distribution because your pet istently held that a pet is defined as personal property. Essentially, personal property. The Court will not entertain arguments as tolike a bicycle or a purse, the family pet will be valued at market what is in the best interest of the pet (unlike the standard foror replacement value. This removes the possibility of compensa- judicial decisions for children). On the positive side, once thetion for the pain and suffering of the pet in injury situations, or Court orders the equitable distribution of personal property, thethe owner who may have loved, housed, fed and cared for that matter is decided for good (unless an appeal is taken based onpet over the years. And the court will not take into consideration legal error). The Court has jurisdiction to enforce an order ofthe pets feelings.distribution if the opposing party refuses to turn over ownershipIn a conflicted dissolution of marriage, the family pet is con- granted in the Final Order. sidered martial property subject to the principles of equitable dis- If cooler heads prevail, at any time during the dissolutiontribution. A value will be determined for each pet and each will process,thepartiesmaycometoanagreementaboutpetbe added to the computation for the equitable split.ownership.Forinstance,thepartiescouldagreethatthepetWhat if I owned the pet prior to the marriage? Like other should stay with the minor children during parenting time, goingpre-owned personal property, the pet may not be a marital asset from home to home. They could agree to share the pet, or agree(thereforethepetisnotsubjecttoequitabledistribution). to split multiple pets.However, if you procured the pet during the marriage, or if you Make sure that any agreement you reach is in writing, con-assimilated the pet into the marriage by having it live in the mar- formstothelawofcontracts,andisrecognizableasavalidital home or if you paid for food and veterinary care with mar- settlementagreementpursuanttoFloridadissolutionlaw.ital funds, your pet is a marital asset (or a liability, depending). Consult your attorney. U76THE NEW BARKER www.TheNewBarker.com'