Dividing property during a divorce often creates emotional tension, especially when pets become part of the conversation. You may see your dog as a family member, but Florida law treats pets differently than children. So, what happens to the dog when a marriage ends?
Pets are considered property in Florida
Florida courts treat pets as personal property, putting them in the same category as vehicles or furniture. Judges don’t use child custody standards when deciding who keeps a pet. Instead, they look at ownership, financial responsibility, and fairness. If one spouse owned the dog before the marriage or paid for most of its care, that spouse holds a stronger claim to keep the pet.
Marital vs. non-marital property matters
One key factor involves whether the dog counts as marital or non-marital property. If one spouse acquired the dog before the marriage, the dog may fall under non-marital property and stay with that person. If you and your spouse got the dog during the marriage, the court usually treats the dog as marital property. In that case, the judge may award the dog to one spouse and balance the division with other property to keep it fair.
Agreements can make a difference
Judges usually honor agreements between spouses about pet ownership. Many couples include terms about pets in prenuptial or postnuptial agreements. You and your spouse can also agree to share time with the dog informally. Still, courts won’t enforce pet visitation schedules like they do for children.
Think beyond the legal rules
While legal ownership carries weight, emotional ties and daily responsibilities also matter. Think about which person spends more time with the dog, maintains financial stability, and has built a stronger bond. Working out a respectful agreement helps reduce stress and supports a smoother transition for both you and your pet.