Who Gets the Dog in a Florida Divorce?
Pet ownership has evolved in a way that reflects how deeply people value their animals. For many families, dogs are not just pets but constant companions, provide emotional support, and are considered true members of the family. We celebrate adoption days, budget for high-end veterinary care, and structure daily life around our animals. Pets are often treated like children. Legally, however, Florida courts still analyze them as personal property in divorce proceedings, which creates a significant disconnect between how families experience their pets and how the law treats them. For this reason, one of the most emotional questions in a divorce is not always about the house or the retirement accounts. It is often about a beloved pet.
Clients will say things like:
“She’s my emotional support animal.”
“The kids are bonded to him.”
“We adopted her together.”
“I don’t want to fight about money, but I will fight about the dog.”
So how do Florida courts actually treat pets in divorce?
The short answer: in Florida, dogs are treated as property.
But that does not mean the court ignores the human side of the issue.
Let’s look at what the appellate courts have said.
1. In Florida, Dogs Are Personal Property
Florida law is very clear on this point.
In Bennett v. Bennett, the First District Court of Appeal held that a dog is personal property and that a trial court does not have authority to award “custody” or “visitation” with a pet.
The court reversed a final judgment that had awarded the wife visitation with the parties’ dog. The reasoning was simple: Florida’s equitable distribution statute, section 61.075, governs the division of marital assets. And personal property must be distributed under that statute.
Florida courts will not create a “timesharing schedule” for a dog.
That means:
No pet custody orders
No alternating weekends
No holiday rotation for the dog
Instead, the dog must be awarded to one party as part of equitable distribution.
2. The Court Has Broad Discretion to Award the Dog to One Spouse
Although pets are treated as property, judges still have discretion in deciding who receives them.
In Harby v. Harby, the Second District Court of Appeal affirmed a trial court’s decision to award the family dogs to the husband.
In that case:
The wife claimed one of the dogs was her emotional support animal.
The dogs were bonded to each other.
The children lived primarily with the husband.
The husband had been caring for the dogs for several years after separation.
The appellate court emphasized that animals are personal property under Florida law. However, the trial court may consider the statutory factors in section 61.075 and “any other factors necessary to do equity and justice,” including sentimental attachment.
Importantly, the wife’s claim that the dog was her emotional support animal did not control the outcome. The court noted that she did not establish that she had a qualifying disability or that the dog provided legally recognized emotional support tied to that disability.
In other words, calling a dog an emotional support animal does not automatically give you priority in divorce court.
3. Courts Cannot Order Ongoing “Joint Custody” of a Dog
In a more recent 2026 decision, Crossen v. Feeley, the Fourth District addressed a situation where the trial court effectively left the divorced parties as joint owners of a dog, sharing custody.
The appellate court reversed.
The court reiterated:
Dogs are personal property.
There is no authority for joint custody of a pet.
The trial court must assign a value and award the dog to one party in equitable distribution.
This case reinforces what Bennett established decades earlier: Florida courts will not supervise ongoing pet custody disputes.
If you and your spouse cannot agree, the judge will award the dog to one of you.
4. What Factors Matter in Deciding Who Gets the Dog?
Even though pets are technically property, courts look at practical and equitable considerations, such as:
Who primarily cared for the dog
Where the dog has been living since separation
Whether the children are closely bonded to the dog
Whether one party has a stronger sentimental attachment
Whether one party has greater ability to care for the dog
Any agreement between the parties
The court may also consider reimbursement issues. For example, in Crossen, the appellate court held that the trial court should have enforced a stipulation regarding payment of veterinary expenses.
So while there is no “best interests of the dog” standard like there is for children, judges are not blind to reality. They simply apply the property statute rather than a custody framework.
5. Emotional Support Animals in Divorce
Clients often ask whether designating a dog as an emotional support animal changes the analysis.
Under Florida law, the answer is usually no.
In Harby, the appellate court noted that while emotional support animals may receive special consideration under housing or disability laws, that does not transform them into something other than personal property in a dissolution case.
To meaningfully impact a divorce case, there would need to be evidence of:
A legally recognized disability
A nexus between the animal and alleviating symptoms of that disability
Even then, the court is still applying equitable distribution principles, not custody law.
How to Protect Your Interest in the Dog
If you are going through a divorce in Florida and the dog is important to you:
Document your involvement. Keep records showing you paid for veterinary care, food, grooming, and training.
Be realistic about outcomes. A judge will likely award the dog to one party.
Consider settlement. Many couples create their own pet-sharing agreement outside of court. Judges cannot order ongoing pet visitation, but parties can voluntarily agree to it.
Think long term. Litigation over a pet can become expensive quickly. The emotional value of the dog may outweigh the financial value, but you still have to weigh the cost of fighting.
The Bottom Line
In Florida, dogs are treated as personal property in divorce.
Courts:
Cannot award pet visitation
Cannot create joint custody arrangements
Must distribute the dog under the equitable distribution statute
However, judges may consider sentimental attachment and practical realities when deciding who receives the pet.
If you are facing a divorce in Tallahassee and worried about who will get the dog, it is important to understand both the emotional and legal framework. The law may treat pets as property, but the outcome often turns on careful factual presentation and strategic decision-making.
Frequently Asked Questions About Dogs in Florida Divorce
Who gets the dog in a Florida divorce?
In Florida, dogs are treated as personal property under the equitable distribution statute. If the parties cannot agree, the judge will award the dog to one spouse as part of dividing marital assets. The court does not apply a “best interests of the pet” standard like it does with children.
Can a Florida court order shared custody of a dog?
No. Florida appellate courts have made clear that judges do not have authority to order custody or visitation schedules for pets. The dog must be awarded to one party. However, divorcing couples can voluntarily agree to a pet-sharing arrangement in a settlement agreement if they choose.
Does it matter who bought the dog?
Yes, but it is not always decisive. The court may consider:
When the dog was acquired
Whether it was purchased before or during the marriage
Who primarily cared for the dog
Who paid for food, veterinary care, grooming, and training
If the dog was acquired during the marriage, it is typically considered marital property, even if one person selected or paid for it.
What if the dog is my emotional support animal?
Simply calling a dog an emotional support animal does not automatically mean the court will award the dog to you. In prior cases, Florida courts have required actual evidence of a disability and proof that the animal alleviates symptoms of that disability. Even then, the court is still applying equitable distribution principles, not custody law.
Do judges consider the children’s attachment to the dog?
While pets are property, courts may consider practical and equitable factors, including the children’s bond with the dog and which parent the children primarily reside with. That said, the legal framework is still property-based, not custody-based.
Can we agree to share the dog even if the court cannot order it?
Yes. Many couples create their own pet-sharing arrangements in a marital settlement agreement. While a court cannot impose a pet visitation schedule, it can approve and incorporate an agreement the parties voluntarily reach.
What about veterinary bills and other expenses?
If the dog is marital property, expenses incurred during the divorce may be subject to reimbursement or adjustment in equitable distribution, particularly if one party has been solely paying for necessary care. Clear documentation of expenses is important.
Is fighting over the dog worth it?
That depends on your priorities and the overall financial picture of your case. Litigation over pets can become expensive quickly. In many situations, a negotiated solution gives both parties more control and reduces emotional strain.