What Happens to Family Pets During a Florida Divorce

For many couples, pets are more than animals, they are beloved family members. When a marriage ends, deciding who will keep the family pet can be one of the most emotional parts of the process. While people often expect the law to treat pets like children in custody disputes, courts approach the matter very differently.

Share your concerns about your cats, dogs, or other animals with a West Palm Beach family attorney. Understanding how the law works, and how you and your spouse can reach a workable agreement, can help you navigate this sensitive issue.

How Florida Courts View Pets in Divorce

In Florida, pets are considered personal property under the law, not children. This means the court will not create custody or visitation orders for pets in the way it does for minor children. Instead, the pet will be awarded to one spouse, just like any other marital asset, based on factors such as when the pet was acquired, who paid for it, and who has been the primary caregiver.

The court’s primary role is to ensure that the property division is equitable, not necessarily to determine what is in the best interest of the pet. This can be frustrating for pet owners who want shared time or a more flexible arrangement. Because the court treats pets as property, it’s often best for couples to work out an agreement on their own before the judge makes a decision.

Some options include:

• Sole ownership. One spouse keeps the pet full-time, with no legal visitation for the other.
• Informal sharing. The spouses agree privately to share time or visits with the pet. While not legally enforceable in the same way as child custody orders, this can work if both parties are cooperative.
• Multiple pets. If the family has more than one animal, each spouse may take responsibility for different pets based on their bonds and needs.

A written agreement outlining the arrangement can help avoid misunderstandings. Even though the law doesn’t treat pets like children, couples can still create a plan that honors the emotional bond and works for their unique situation.

Court Approval Is Still Required

Any agreement made during a divorce must be presented to the court as part of the final settlement. The judge must review and approve it before it becomes legally binding. While courts typically respect the terms couples negotiate, they can push back on provisions they deem unreasonable or unenforceable. For example, a court might reject a complicated shared arrangement that would be difficult to monitor or enforce under property law.

A talented West Palm Beach family attorney can help you negotiate terms that work for you. Once an agreement is reached, they will present your arrangement to the court for approval.

Should you work with an attorney to craft an agreement that addresses the family pets? With the help of the skilled lawyers at Bruce S. Rosenwater & Associates, you can design a pet agreement that meets the legal requirements for court approval. Schedule a confidential consultation today.