Pet Custody in Florida Divorce: Who Gets the Dog (or Cat) in 2026?

Who Gets the Pet in a Florida Divorce?

In Florida, pets are legally classified as personal property, not family members. This means that when you divorce, your beloved dog, cat, or other pet is treated the same as your furniture or vehicle under the law. There is no formal pet custody arrangement in Florida divorce proceedings—instead, the court will determine which spouse receives the pet as part of the equitable distribution of marital assets.

I know this is difficult to hear. In my experience handling divorce cases involving pets, clients are often shocked and heartbroken to learn that Florida law does not consider the emotional bond between a pet and its owner. But understanding how the law works is the first step toward protecting your relationship with your furry family member.

How Florida Law Treats Pets in Divorce

Pets as Marital Property Under Florida Statutes

Under Florida Statute Section 61.075, marital assets and liabilities are subject to equitable distribution. If you acquired your pet during the marriage, it is generally considered marital property. This means both spouses have a legal claim to the pet, and the court will decide who gets to keep it based on property division principles—not based on what is best for the animal.

If one spouse owned the pet before the marriage, or received the pet as a gift or inheritance, it may be classified as non-marital property. In that case, the original owner typically retains the pet. However, this can become complicated if marital funds were used for the pet's care, training, or veterinary expenses.

Why Florida Has Not Adopted Pet Custody Laws

Several states, including Alaska, Illinois, and California, have enacted laws that allow courts to consider the best interests of the pet when deciding who gets the dog in a divorce. Florida has not followed suit. As of 2026, Florida courts are not required to evaluate factors like who walks the dog, who takes the cat to the vet, or which spouse has the strongest emotional bond with the animal.

This does not mean you have no options. It simply means you need to be strategic about how you approach pet custody in your divorce.

Factors Courts Consider When Dividing Pet Ownership

Even though Florida treats pets as property, judges still have discretion in equitable distribution. In my experience, the following factors can influence a court's decision about who gets the pet:

1. Who Purchased or Adopted the Pet

Documentation matters. If you have adoption paperwork, purchase receipts, or registration documents in your name, this can support your claim to the pet.

2. Who Primarily Cared for the Pet

While not legally required to consider this, some judges appreciate evidence showing which spouse was the primary caretaker. This includes:

• Veterinary records listing you as the primary contact
• Receipts for food, grooming, and supplies
• Pet insurance policies in your name
• Testimony from dog walkers, pet sitters, or veterinarians

3. Living Situation After Divorce

A judge may consider which spouse has a living situation better suited for the pet. For example, if one spouse is moving into a small apartment that does not allow pets, and the other is keeping the marital home with a fenced yard, this could influence the decision.

4. The Best Interests of Children

If children are involved, courts often consider keeping the family pet with the children to minimize disruption. This is not a formal pet custody standard, but it can be a persuasive argument in equitable distribution.

Creating a Pet Custody Agreement in Florida

The best way to protect your relationship with your pet is to negotiate a pet custody agreement with your spouse outside of court. Florida courts will generally honor agreements between spouses regarding property division, including arrangements for shared pet ownership.

What to Include in a Pet Custody Agreement

A comprehensive pet custody agreement should address:

• Primary residence of the pet
• Visitation schedule for the other spouse
• Division of expenses (food, veterinary care, grooming, boarding)
• Decision-making authority for medical treatment
• What happens if one spouse relocates
• Emergency contact and care procedures
• How disputes will be resolved

Making Your Agreement Enforceable

To ensure your pet custody agreement is legally binding, include it in your Marital Settlement Agreement. This document is filed with the court and becomes part of your final divorce judgment. Once approved by the judge, the terms are enforceable like any other court order.

If you need help drafting a pet custody agreement or reviewing one your spouse has proposed, a strategy session with a Florida divorce attorney can help you understand your options.

Strategies for Keeping Your Pet in a Florida Divorce

If you and your spouse cannot agree on who gets the dog or cat, you will need to present your case to the court. Here are strategies that can strengthen your position:

Document Everything

Start gathering evidence now. Collect:

• Adoption or purchase records
• Microchip registration information
• Veterinary records and receipts
• Photos showing you with the pet
• Statements from witnesses who can attest to your role as primary caretaker

Consider Mediation

Mediation can be an effective way to resolve pet custody disputes without leaving the decision to a judge. A neutral mediator can help you and your spouse negotiate a shared custody arrangement or other creative solution.

Be Willing to Negotiate

Sometimes keeping your pet means giving up something else in the property division. If your spouse also has a strong attachment to the pet, consider whether there are other marital assets you could trade to secure full ownership.

Think About the Pet's Wellbeing

Even though Florida law does not require courts to consider the pet's best interests, framing your argument around the animal's wellbeing can be persuasive. If you can demonstrate that you provide a more stable, caring environment, a judge may be more inclined to award you the pet.

Common Mistakes to Avoid in Pet Custody Disputes

Assuming Emotional Attachment Wins

Many people believe that because they love their pet more, or because the pet seems more bonded to them, the court will automatically rule in their favor. This is not how Florida law works. You need evidence, not just emotion.

Forgetting to Address Pets in the Settlement

Some couples focus so much on major assets like the marital home or debt division that they forget to include pets in their agreement. If your divorce judgment is silent on pet ownership, disputes can arise later with no clear resolution.

Using the Pet as a Bargaining Chip

I have seen spouses threaten to fight for the pet they do not actually want, just to gain leverage in other negotiations. This approach often backfires and can damage your credibility with the court.

Hiding or Relocating the Pet

Taking the pet and refusing to allow your spouse access before the divorce is finalized can be seen as bad faith. Just as hiding assets has serious consequences, attempting to hide a pet can hurt your case.

What If Your Spouse Will Not Agree to Shared Pet Custody?

If negotiations fail and your spouse insists on sole ownership, the court will make the decision for you. In these situations, the pet will typically be awarded to one spouse as part of equitable distribution. The other spouse will have no legal right to visitation or shared custody.

This is why reaching an agreement outside of court is so important. A judge may not have the time or inclination to craft a detailed pet custody arrangement, and you could lose access to your pet entirely.

If you are concerned about your spouse's intentions or want to understand your legal rights, scheduling a consultation with a Florida divorce attorney can provide clarity and help you develop a plan.

Special Considerations for Service Animals and Emotional Support Animals

Service animals and emotional support animals may receive different treatment in a divorce. If you have a documented disability and your pet is a trained service animal, you may have a stronger claim to keep the animal based on medical necessity.

Emotional support animals, while not granted the same legal protections as service animals, can still be relevant to discussions about equitable distribution, particularly if you have documentation from a mental health provider.

The Future of Pet Custody Law in Florida

Advocacy groups continue to push for legislative changes that would require Florida courts to consider the best interests of pets in divorce proceedings. While no such law has passed as of 2026, the trend in other states suggests this may eventually change.

Until then, Florida pet owners going through divorce must work within the current legal framework. The most effective approach is proactive negotiation and thorough documentation.

Protecting Your Bond With Your Pet

Divorce is already emotionally challenging, and the prospect of losing your pet makes it even harder. But with the right preparation and legal strategy, you can protect your relationship with your furry family member.

Remember:

• Florida treats pets as property, not family members
• Documentation of ownership and caregiving is critical
• Negotiating a pet custody agreement is usually better than going to court
• Creative solutions like shared custody can work if both spouses cooperate

If you are facing a divorce and worried about who gets the dog or cat, take action now to gather evidence and explore your options. Understanding how pet custody works in Florida divorce is the first step toward the outcome you want.

This article provides general information about Florida divorce law and is not legal advice. Every case is unique. For advice specific to your situation, schedule a consultation with a Florida-licensed attorney.