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What Happens to Your Pet in a Divorce?

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What Happens to Your Pet in a Divorce?

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When you get a divorce, you need to address what happens to important aspects of your life, including your children, family home, and more. One thing that many people fail to consider is what happens to your pet in a divorce? This can be a contentious issue, so you want to discuss it with a Melbourne divorce lawyer.

Your Pet is Property

While you might think of your pet as a member of your family – or even as your child – the State of Florida thinks otherwise. Florida law considers your pet to be property, so this question becomes part of your property division determination.


Often, a pet is considered to be marital property, even if one spouse had the pet prior to marriage. This is because both spouses likely cared for and invested in the pet while they were married. This means that who gets the pet will be part of a larger consideration of how you are equitably dividing all of your marital property. If both spouses love the pet, they might fight over this aspect of property division.

Pet Custody Agreements?

You and your spouse might decide to try to share time with your pet following a divorce, similar to how you might have a timesharing agreement for your child. You might decide to enter into an agreement on your own, but keep in mind that it will likely not be part of your divorce order, and the family court will not enforce the agreement should your spouse fail to comply.

Get the Representation You Need from a Melbourne Divorce Attorney

Pets are a complicated issue in many divorces, and you want to protect your rights to property distributions, including possibly your pet. At Harnage Law, PLLC, we can represent your interests in your divorce, so call 321.549.7886 or contact us online for more information.