Pets in a Florida Divorce: What the Law Says About “Fur Babies”

For many couples, pets are not just animals—they’re beloved members of the family. Whether it’s a golden retriever, a rescue cat, or a quirky parrot, these companions often feel like children. But when a marriage ends, what happens to the “fur babies”? Do Florida courts treat pets like children, with custody and visitation schedules? Or are they handled differently?

The answer may surprise you.

Pets as Property Under Florida Law

In Florida, pets are considered personal property—the same legal category as furniture, jewelry, or a car. That means in a divorce, the court does not assign custody or visitation rights for pets the way it does for children. Instead, the judge will decide who gets the pet based on Florida’s equitable distribution laws.

Under Florida Statutes § 61.075, marital assets and liabilities are divided fairly between spouses. If a pet was acquired during the marriage, it is generally considered marital property, and the court must award ownership to one spouse or the other. If a pet was owned by one spouse before the marriage, or received as a gift or inheritance, it is usually treated as separate property and will remain with that spouse.

Unfortunately for animal lovers, Florida courts do not recognize “pet custody” or “pet visitation.” Once a pet is awarded to one party, that person has the exclusive right to keep the pet.

Florida Case Law on Pets in Divorce

The leading Florida case on this issue is Bennett v. Bennett, 655 So. 2d 109 (Fla. 1st DCA 1995). In this case, the trial court had ordered a visitation schedule for the couple’s dog, allowing each spouse time with the animal. On appeal, the First District Court of Appeal reversed, holding that the trial court had no authority to grant visitation rights for personal property. The court reasoned that while pets may hold sentimental value, they are not legally treated as children.

The Bennett decision has been consistently applied in Florida, meaning that trial courts cannot order shared custody or visitation of pets in divorce proceedings.

What This Means for Pet Owners

If you and your spouse are divorcing and both want to keep the family pet, the judge will decide who gets ownership—just as with any other marital property. Judges may consider factors such as:

• Who purchased or adopted the pet

• Who primarily cared for the pet (feeding, walking, vet visits)

• Which spouse has the financial ability to care for the pet

• Living arrangements (for example, a spouse moving to a pet-restricted apartment may not be the best fit)

  
  

Still, the law does not require the court to weigh the pet’s best interests, as it does with children. The decision is ultimately about ownership, not custody.

Options for Couples Who Want to Share

Although Florida courts will not order pet visitation, divorcing couples can create their own agreements regarding shared time with a pet. These agreements can be incorporated into a marital settlement, just like any other contract. If both parties agree, they can schedule “visitation,” split expenses, or decide on shared responsibilities for the pet’s care.

However, it’s important to understand that once the court awards ownership of the pet, enforcement of visitation agreements may be difficult. Because pets are property under Florida law, a court cannot supervise or modify a “custody plan” for an animal the way it does for children.

Looking Beyond Divorce: Planning for Pets

While Florida law does not treat pets like children in divorce cases, it does provide a way for people to protect their pets in estate planning. Under Florida Statutes § 736.0408, pet trusts are valid and enforceable. This means you can set aside funds for the care of your animals after your death and designate a caregiver.

A pet trust ensures that your beloved animals will be cared for in the way you intended—even when you’re no longer there.

For many Floridians, pets are family. But under Florida divorce law, pets are treated as property, not children. This can lead to tough outcomes for couples who both love their animals deeply. If you’re facing divorce and worried about what will happen to your pets, the best approach is to work with your spouse (and your attorney) to negotiate an agreement outside of court.

At The Soto Law Office, we understand how important pets are to our clients. Whether you’re navigating divorce, updating your estate plan, or considering a pet trust, we’re here to help you protect every member of your family—furry ones included.

📞 Call us today at (321) 972-2279

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