How Florida Courts Handle Pet Custody in Divorce Cases

Introduction

For many couples, pets are considered part of the family. However, when a marriage ends in divorce, determining who gets to keep a beloved pet can become a contentious issue. Unlike child custody disputes, Florida law treats pets as personal property rather than family members, meaning that courts do not apply custody laws when determining pet ownership.

This guide explains how Florida courts handle pet custody disputes, factors that influence pet ownership decisions, and what divorcing spouses can do to ensure a fair resolution regarding their pets.

Are Pets Considered Property in a Florida Divorce?

Under Florida law, pets are classified as property rather than dependents. This means that during a divorce, a pet is subject to equitable distribution, just like other marital assets such as cars, furniture, or bank accounts. The court does not consider a pet’s best interests in the same way it does with child custody cases.

Because of this classification, pet disputes are handled by determining who legally owns the pet rather than who might be the best caretaker.

How Florida Courts Decide Who Keeps the Pet

When spouses disagree over pet ownership, the court will typically consider the following factors:

• Who purchased or adopted the pet – If one spouse owned the pet before the marriage, they are more likely to retain ownership.
• Whose name is on the adoption or registration paperwork – If only one spouse’s name is on the pet’s veterinary or licensing records, the court may award ownership to that person.
• Who primarily cared for the pet – If one spouse was the pet’s primary caretaker, including feeding, walking, and taking it to the vet, this may be taken into consideration.
• Who has the financial ability to care for the pet – If one spouse is better able to provide for the pet’s needs, the court may favor them in ownership decisions.
• Whether the pet was a gift – If one spouse gave the pet as a gift to the other, it may be classified as separate property.

Since Florida follows equitable distribution laws, the court may award the pet to one spouse while compensating the other with other marital assets.

Can a Court Order Shared Custody of a Pet?

Florida courts do not currently recognize shared pet custody agreements. Judges will not issue time-sharing arrangements for pets like they do for children. Instead, one spouse is awarded full ownership, and the other spouse has no legal right to visitation or shared custody unless both parties voluntarily agree to it.

However, some divorcing couples create their own pet custody agreements outside of court. These agreements outline shared responsibilities, visitation schedules, and financial contributions for pet care. While not legally enforceable in the same way as child custody orders, they can provide a practical solution for couples who both want continued involvement with their pet.

How to Protect Your Pet Ownership Rights in a Divorce

If you want to ensure that you keep your pet after a divorce, consider the following steps:

• Gather documentation proving ownership, such as adoption papers, vet records, and receipts for pet expenses.
• Show evidence of primary caregiving, including feeding schedules, training efforts, and daily responsibilities.
• Negotiate with your spouse to reach an agreement without court intervention. Mediation can be helpful in resolving pet disputes amicably.
• Include pet custody terms in a prenuptial or postnuptial agreement if you are already married or planning to marry. This can prevent disputes in the event of divorce.

Since Florida courts treat pets as property, preparing a strong case for ownership can help ensure that you retain your pet after the divorce.

What If a Pet Was Acquired During the Marriage?

If a pet was adopted or purchased during the marriage, it is typically considered marital property, even if only one spouse was its primary caretaker. In such cases, the court will decide pet ownership based on equitable distribution principles, similar to how other assets are divided.

If both spouses contributed financially to the pet’s care, the court may take this into account when making a decision. However, if one spouse can prove that they have a stronger bond with the pet and were its primary caretaker, they may have a better chance of retaining ownership.

Mediation and Negotiation for Pet Custody

Since Florida law does not provide a formal process for determining pet custody, many divorcing couples choose to settle pet disputes through mediation or direct negotiation rather than litigation.

Some possible solutions include:

• One spouse keeping the pet but allowing occasional visits from the other spouse.
• Shared expenses for veterinary care, grooming, and food, even if one spouse has full ownership.
• A written agreement outlining a visitation schedule if both spouses want continued involvement with the pet.

Negotiating outside of court can lead to more flexible arrangements that prioritize both the pet’s well-being and the wishes of the divorcing spouses.

How a Family Law Attorney Can Help

A family law attorney can assist with:

• Negotiating pet ownership terms during divorce proceedings.
• Gathering evidence to support a claim for pet ownership.
• Drafting pet custody agreements for spouses who wish to co-own their pet.
• Protecting clients from unfair distribution of assets, including pets.

At Bonderud Law, we understand that pets are more than just property—they are part of the family. If you are facing a divorce and need help resolving a pet custody dispute, contact us today for a free consultation.

Conclusion

Florida courts do not treat pets as family members in divorce cases, but instead as property subject to equitable distribution. Because of this, pet custody disputes are often best resolved through negotiation and mediation rather than litigation. Spouses who wish to retain ownership of a pet should gather evidence proving primary caregiving and financial responsibility.

If you are going through a divorce and want to ensure that you keep your pet, consulting with an experienced family law attorney can help you navigate the legal process and protect your rights.