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Nuptial Agreements

Who Gets The Dog In a Divorce

Doreen Yaffa
Doreen YaffaJuly 15, 2020
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Who Gets The Dog In a Divorce
As a dog lover, my canine Peanut Butter is part of the family just like all humans. But, as a lawyer, I know the law doesn’t quite view him the same way I do.   Clients going through a divorce often ask me who will get custody of the family pet.  I hate to break it to you but, in Florida dogs, cats, and other pets are considered “chattel.”  What is chattel?   When applied to law, the term means any item of property other than real estate. It is personal property that is subject to equitable distribution. Your beloved pet is lumped in the same category as the family sofa. I know, it pains me as well.  How can I ensure I keep my pet? During my years of practice, I have seen people incorporate their pets and their care into pre-nuptial or post-nuptial agreements. In the event of a divorce, there is a carved-out provision as to who keeps the dog and how they will be cared for.   What if I don’t have a pre-nuptial or post-nuptial agreement that includes Fido? In a traditional divorce without any pre/postnuptial in place, our family lawyers in Boca will draft agreements that include the furry family member. This can include (and I’m not joking) a timesharing schedule for the pet. The timesharing ensures that both spouses and the children can continue their relationship with the family pet.   There is some good news. In 2017, Alaska became the first state to require judges to consider the pet’s well-being the same way it would a child. This inspired Illinois and California to follow suit in recent years. Florida isn’t there yet, but hope exists.  About the Yaffa Family Law Group The Yaffa Family Law Group is a boutique law firm known for its range of specialized capabilities. We provide empathetic help for people going through a divorce and struggling with family law issues. Our firm embodies a unique philosophy. We’re dedicated to the intense, systematic study and practice of law, and deeply committed to helping our clients achieve wellness and peace of mind.

Frequently Asked Questions

Are prenuptial agreements enforceable in Florida?

Yes, prenuptial agreements are enforceable in Florida if they are written, signed voluntarily by both parties, and include a full and fair disclosure of assets and liabilities. Courts may invalidate agreements that are unconscionable or signed under duress.

Can a prenuptial agreement protect my business?

Yes. A well-drafted prenuptial agreement can specify that a business or its future growth remains separate property in the event of a divorce, protecting your ownership stake and business interests.

What can a postnuptial agreement cover?

A postnuptial agreement can address property division, spousal support, and debt allocation. However, it cannot include provisions relating to child custody or child support — those are determined by the court at the time of divorce based on the child's best interests.

When should I consider a prenuptial agreement?

You should consider a prenuptial agreement if you have significant assets, own a business, have children from a prior relationship, anticipate an inheritance, or simply want clarity about financial expectations in your marriage.

If you're facing a family law matter in South Florida, the experienced attorneys at Yaffa Family Law Group's Nuptial Agreements practice are here to help. Our team understands Florida family law and can guide you through every step. View all our practice areas or contact us today for a confidential consultation.

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Doreen Yaffa

Doreen Yaffa

Founder & Managing Partner

Family law attorneys at Yaffa Family Law Group, specializing in divorce, custody, and complex family matters in South Florida.

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