Learn how Florida courts handle pet custody, visitation, and pet prenuptial agreements
Key points about pet custody in Florida divorces:
- In Florida divorces, pets are generally treated as property during a divorce.
- If the couple cannot agree on who keeps the pet, a judge may decide who receives ownership as part of the overall property division.
- Courts may consider things like when the pet was acquired, who paid for its care, and how the pet fits into the overall property division.
- Florida judges generally do not order pet visitation schedules, but spouses can voluntarily agree to share time with a pet if they both want to.
- Pet prenups, pup-nups, and other written agreements can help avoid disputes by clearly establishing ownership rights before a marriage or breakup.
If you’re like most pet owners, you probably consider your dog, cat, rabbit, or other furry (or feathery) companion to be part of the family. For many people, the thought of losing a beloved pet during a divorce can be every bit as upsetting as disputes over finances or property.
Unfortunately, Florida law does not treat pets the same way it treats children, which can make decisions about who gets to keep them after the marriage ends even more contentious.
In this article, we’ll explain how Florida courts handle pet ownership disputes during divorce, whether judges can order pet visitation, and what steps you can take to protect your relationship with a pet.
If you have questions about a Florida divorce involving a beloved family pet, or if you’re planning to get married and want to include a pet in a prenuptial agreement, schedule a free consultation with the Fort Lauderdale family law attorneys at Shemtov Hillstrom to learn about your rights and explore your options.
How do Florida courts handle pet custody in a divorce?
Although many people refer to disputes over dogs and cats as “pet custody” cases, in Florida, pets and children are treated much differently during divorce.
Under Florida law, pets are generally considered property, which means disputes involving family pets are generally resolved through the same legal process used to divide other marital assets.
Florida follows a system known as equitable distribution. Under this system, marital assets and debts are divided fairly between spouses during a divorce. Fair does not always mean equal. Instead, courts consider the overall circumstances when determining who receives certain assets.
If a dog, cat, or other pet was acquired during the marriage, it will generally be considered marital property subject to equitable distribution. As a result, the pet will typically be awarded to one spouse as part of the overall property division.
“We all think of our pets as family, but Florida’s family judges think of them as property. It’s important for divorcing couples to negotiate a clear agreement about who keeps the pet, who pays expenses, and whether any informal visitation will occur. And before you get married, you should consider including pet ownership terms in a premarital agreement.”
-Carter Hillstrom
Who decides who keeps the family pet in a divorce in Florida?
Most of the time, the spouses decide for themselves.
Many couples eventually reach an agreement regarding their pet as part of their overall divorce settlement. For example, they may agree that one spouse will keep the pet in exchange for another asset, or they may create an informal arrangement for sharing time with the animal.
If the parties cannot agree, the court may have to decide who receives ownership of the pet. In making that decision, the court may consider factors such as:
- Whether the pet was acquired before or during the marriage
- Whether the pet was a gift to one spouse
- Which spouse primarily paid for the pet’s expenses
- How awarding the pet fits into the overall division of marital assets
Ultimately, if the couple cannot come to an agreement, the court will award ownership of the pet to one spouse as part of the divorce.
Can my ex get custody of a pet I owned before we got married?
Usually, not. If you owned the pet before the marriage, there is a strong argument that the animal is your nonmarital property. In Florida, property owned before marriage generally is not subject to equitable distribution.
That said, disputes can still arise if ownership is unclear or if both spouses claim the pet belongs to them. This is one reason some couples choose to create pet prenups, pup-nups, or other pet prenuptial agreements that specifically address pet ownership in the event of a divorce.
While every case is different, a pet that clearly belonged to one spouse before the marriage is generally less likely to become part of a property division dispute than a pet acquired during the marriage.
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Can a judge order pet visitation in a Florida divorce?
Generally, no. While many pet owners want a judge to create a visitation schedule similar to a child custody arrangement, Florida courts have largely rejected that approach.
In the 1995 case Bennett v. Bennett, 655 So. 2d 109 (Fla. 1st DCA 1995), the trial court attempted to create a visitation schedule that allowed the parties to share time with their dog after the divorce.
However, the appellate court overturned that arrangement, explaining that courts should not become involved in ongoing disputes over pet visitation after a divorce is finalized.
As a result, Florida judges generally award ownership of the pet to one spouse rather than ordering continuing visitation rights for the other spouse.
Can couples agree to share custody of a pet after a divorce in Florida?
Yes. Although Florida courts do not order pet-sharing arrangements, former spouses are free to create their own agreements regarding a pet after divorce.
For example, a couple may agree to alternate weekends, split holidays, share veterinary expenses, or divide time with the pet throughout the year. These agreements can be incorporated into a broader divorce settlement.
However, unlike child custody arrangements, courts are often reluctant to remain involved in supervising or enforcing ongoing pet visitation schedules. For that reason, pet-sharing agreements tend to work best when both parties are committed to honoring them voluntarily.
How can I get custody of a dog or cat during a divorce in Florida?
If keeping your pet is important to you, our best advice is to start addressing the issue as early as possible in the divorce process. Like many disputes in divorce, it’s often easier to reach an agreement before positions become entrenched.
If a disagreement does arise, documentation showing ownership and responsibility for the animal can be helpful. Examples include:
- Adoption or purchase records
- Veterinary records
- Microchip registration information
- Licensing records
- Pet insurance documents
- Receipts for food, veterinary care, grooming, and other expenses
- Photos, messages, or other evidence showing you were the pet’s primary caregiver
Unless you have a pet prenup, no single document will automatically determine the outcome of pet custody in a Florida divorce.
However, evidence showing that you purchased, cared for, and took primary responsibility for the pet can strengthen your position during negotiations and, if necessary, in court.
Need help with pet custody during a divorce in Fort Lauderdale?
While Florida law may classify pets as property, anyone who has shared their home with a beloved dog, cat, or other animal companion knows the issue is deeply personal. When there is a disagreement over a family pet, the outcome can have a lasting impact long after the divorce is finalized.
Whether you’re trying to protect ownership of a pet you had before the marriage, keep a pet that has become a central part of your daily life, or negotiate an arrangement where you and your ex can share custody of your pet, our Fort Lauderdale divorce attorneys can help you understand your options and advocate for your interests.
Schedule a free consultation with Shemtov Hillstrom today to discuss your situation and learn how our team can help you move forward while protecting what matters most to you.