Pets are an important part of any family. When it comes to divorce in Illinois, what happens to a beloved pet should not be overlooked. Please note that this article refers specifically to companion animals and not service animals. Service animals will go with the individual who needs the service.
Pet Custody for divorce in Illinois
Pets require classification of a status as marital or non-marital status in the divorce process. If a pet was purchased or adopted prior to the marriage, the pet will go with the person who purchased the pet as their non-marital property. Documentation such as adoption records from a rescue or shelter or a transaction record can show ownership. If a pet was purchased/adopted during the marriage, the court will decide sole or joint ownership of and responsibility.
The court understands that unlike a second home or bank account, you cannot simply split a pet. Instead, in 2018, the law was changed to require the court to consider the “well-being” of the pet in question when determining how its care should be allocated.
It is up to each person to provide evidence for why it is in the pet’s best interest to be awarded joint or sole care of the animal. The court may consider the history of the person who usually cared for the pet. This includes cleaning, playing, and feeding the pet. The court may also consider each party’s ability to care for the pet, given their work and social schedule.
If there are children in the relationship, the court may consider whether separating from them will negatively impact the children and/or pet. If the pet is bonded to the children, the court may award the pet to the home where the children primarily reside or even order a split schedule to follow the children’s parenting schedule.
Can the court order support for a pet?
Typically, whoever is awarded the pet is responsible for the care of the pet including day-to-day needs and vet expenses. In other words, the responsibilities are usually going to follow the rights. If the court awards joint ownership, the court may also divide the costs of caring for the pet in question. Keep in mind, the court is unlikely to order a person to be financially responsible for a pet to which they have no rights.
If you have questions about pets in divorce, please set up a consult with Burgos Santoyo and Smith.
Key Take Aways
- Pets acquired before marriage are considered non-marital property, while those acquired during marriage are subject to court decisions on ownership.
- Since 2018, Illinois law requires courts to consider the “well-being” of the pet when allocating care rather than treating them like property.
- Courts evaluate evidence regarding who provided primary care, such as cleaning, playing, and feeding, as well as each party’s ability to care for the pet.
- If children are involved, courts may award the pet to the home where children primarily reside or align pet custody with the parenting schedule.
- Financial responsibility for pet care typically follows ownership, though courts may divide costs in cases of joint custody.
Last Updated: September 8, 2026
