Who Gets the Dog in a Divorce?

In Florida, pets are considered personal property, not family members in the eyes of the court. That means there’s no legal “custody” or visitation order for animals like there is for children. Unless the parties agree to share time and expenses on their own, the court will award full ownership of the pet to one person, based on factors like who purchased the pet, who cared for it, and who can afford to keep it.

Who Gets the Pet in a Divorce?

Pets are often treated like part of the family—and for many people, they are. But during a divorce, Florida law treats pets as property, not children. That can come as a surprise to many couples who both feel strongly about keeping the family dog, cat, or other beloved animal.

Pets Are Personal Property Under Florida Law

While couples may think of pets as shared family members, the law does not. In court, a pet is treated the same way as a car, a piece of furniture, or a bank account. There is no legal right to pet visitation, and no court-enforced time-sharing schedule.

If both spouses want to keep the pet and can’t agree, the judge will award the pet to one person during the equitable distribution process.

How Courts Decide Who Gets the Pet

If the court has to decide, it will consider several factors, including:

• Who purchased the pet
• When the pet was purchased (before or during the marriage)
• Who was the primary caregiver—feeding, vet visits, walking, grooming, etc.
• Whether the pet was a gift from one spouse to the other
• Who can afford to care for the pet going forward

If the pet was bought before the marriage, it may be considered separate property and awarded to the original owner.

Can We Share the Pet?

Yes, but only if you and your spouse agree to it. Courts won’t set up or enforce a formal visitation schedule for pets. However, if both parties agree, you can create your own arrangement for shared time and shared expenses.

This type of agreement isn’t legally enforceable like a child custody order, but it can still work if both parties cooperate in good faith.

For example:

• One spouse has the pet during the week, the other on weekends.
• Both contribute to pet expenses like food, grooming, and vet bills.
• The pet joins both sides of the family for holidays or special occasions.

This arrangement may not work for every divorcing couple, but it can be a peaceful solution when both parties still care deeply about the animal.

Pets are family in our hearts, but in court, they’re treated as property. The best outcome is often one you create yourselves. If you and your spouse can agree on how to care for and share your pet post-divorce, you’ll avoid a legal battle—and do what’s best for the animal you both love.

FAQs

Q1: Can a judge order pet visitation in Florida?
No. Florida courts treat pets as personal property and do not create visitation schedules like they do with children.

Q2: What if I bought the pet before we got married?
If the pet was purchased before the marriage, it may be considered separate property, and you are more likely to keep it.

Q3: Can we share the pet after the divorce?
Yes, but only if both parties agree. Shared pet arrangements are not enforceable by the court, but couples can make informal agreements about time and expenses.

Need guidance on property division, pets included?
📞 Call Zaneta Matthews at (407) 630-8959 to schedule a consultation.

Zaneta Matthews is a family law attorney in Orlando and a member of Collaborative Divorce Central Florida and the Florida Academy of Collaborative Professionals. She helps clients find respectful, practical solutions during divorce.