Pet custody in divorce proceedings in Florida

 

Most people going through a divorce in Florida focus on the house, the finances, and the kids. The family pet tends to be an afterthought until both spouses want to keep the dog, or one person starts using the animal as leverage during the divorce.

As these disputes become more common, courts are beginning to look more closely at the role pets play within a family.

Florida now allows courts to consider pet well-being.

For most of Florida's legal history, pets were treated as personal property in divorce proceedings. The court's role was simply to determine ownership, not who should keep the animal moving forward.

In 2025, Florida amended its dissolution of marriage statutes to allow courts to consider a pet's well-being when dividing ownership. This does not create child-style custody rights or court-ordered visitation schedules for pets. However, judges can now consider factors such as who primarily cares for the animal, who takes it to veterinary appointments, and which living arrangement is more appropriate for the pet instead of focusing only on who originally paid for it.

The change reflects the reality that pets are often treated as part of the family rather than ordinary property.

What courts look at

Because the statute is still relatively new, courts are continuing to develop how these cases will be analyzed. Certain factors already tend to matter.

Feeding, grooming, veterinary care, training, and daily exercise can help establish who has acted as the animal's primary caretaker, regardless of whose name appears on paperwork.

Who paid for the pet and when can also matter. A pet purchased before the marriage is more likely to be treated as separate property, while a pet adopted during the marriage is generally considered marital property subject to equitable distribution.

Courts may also look at which home is more suitable for the animal after the divorce. A large dog living in a small apartment presents different practical considerations than the same dog living in a house with outdoor space.

When children are closely bonded with a pet, keeping the animal in the same home as the children may also influence the outcome.

One Florida divorce dispute involved a Labrador adopted during the marriage. Although one spouse paid the adoption fee, the other handled most of the day-to-day care, including vet appointments, feeding, grooming, and training. The court placed greater weight on the caregiving history and the stability of the post-divorce living arrangement than on the original purchase itself.

What courts cannot do

Florida law does not require judges to create shared custody arrangements for pets, and many courts are reluctant to do so. Ongoing disagreements over schedules and exchanges often create more conflict than they resolve. In many situations, a negotiated written agreement between spouses works better than a court-imposed arrangement.

Courts also cannot enforce pet-sharing agreements the same way they enforce child custody orders. If one spouse violates the agreement, the available legal remedies are more limited.

What to do if your pet is part of the divorce

Start documenting your role in the animal's care as early as possible. Veterinary records, receipts, photographs, and text messages referencing the pet may all become relevant evidence. Records showing you as the primary contact can also help establish your role.

If you purchased the pet before the marriage, keep documentation showing when the purchase occurred. If the animal was specifically given to you as a gift, evidence of that may also matter.

It is also important to think realistically about long-term care responsibilities. Some people pursue pet disputes emotionally and later realize they are not in the best position to care for the animal alone. Others have a strong emotional bond with the pet and should be prepared to explain why maintaining that relationship matters.

If domestic violence or coercive behavior is involved, courts may also consider whether a pet has been used as a tool of intimidation or control during the relationship.

The earlier you address it, the better.

Pet disputes are usually easier to resolve before a divorce becomes highly contentious. If both spouses are still capable of reaching practical agreements, resolving issues involving the family pet early can prevent unnecessary conflict later.

If an agreement is not possible, entering court with clear documentation of your involvement in the animal's daily care places you in a stronger position.

At Roberts Family Law, we help clients navigate every aspect of divorce, including disputes involving family pets. Whether you are trying to protect your relationship with an animal or negotiate a practical agreement, we can help you address the issue strategically from the beginning. Call 407-426-6999 or contact us through the form on this page.