Is There Such a Thing as Pet Custody in an Illinois Divorce?

 Posted on November 13, 2026 in Family Law

Illinois law doesn’t treat pets like children in divorce proceedings, but it also no longer treats them exactly like other property. Since 2018, judges in Illinois have been required to consider a pet’s well-being when deciding who keeps it. A court can even award joint ownership and responsibility.

A Kane County, IL divorce attorney can help you plan for your pet as part of your 2026 divorce settlement.

How Does Illinois Law Handle Pets in a Divorce?

Pets are still considered property in Illinois. Under 750 ILCS 5/503(n), if the court finds that a companion animal is a marital asset, it "shall allocate the sole or joint ownership of and responsibility for" the animal. In doing so, the court has to take the animal’s well-being into account.

This is different from how other property is handled. A car or a bank account is divided based on its value. A pet’s placement also depends on which home is better for the animal itself. Service animals are typically excluded from this rule.

The court’s decision can also cover responsibility for the pet going forward. This includes who pays for food, grooming, and vet care after the divorce.

Does It Matter Who Owned the Pet Before the Marriage During an Illinois Divorce?

The well-being rule only applies to pets that are marital property. Pets acquired during the marriage are presumed marital, but exceptions apply. For example, a pet received as a gift specifically to one spouse can remain non-marital property.

If you adopted a pet during the marriage, it is usually marital, no matter whose name is on the adoption papers. If you owned the pet before the wedding, it is non-marital, or belonging to that spouse alone. The court typically assigns non-marital property to the spouse who owns it.

Records can help show when and how you got your pet. Adoption papers, purchase receipts, vet bills, or microchip registration can all list dates and names.

What Do Illinois Courts Consider When Deciding Who Keeps a Pet?

The statute doesn’t list specific factors like it does when deciding on issues involving children. Courts generally look at practical questions about the animal’s care, such as:

• Who previously handled feeding, walks, and vet visits
• Who has the time and schedule to care for the pet
• Which home has the space the animal needs
• Whether the pet is closely bonded with any children
• Whether either spouse has neglected or harmed the animal

Your own records can support your case that the pet should stay with you. Vet bills, photos, and texts about the pet’s care can show who has been its main caregiver.

Can Divorcing Spouses Share a Pet in Illinois?

Spouses can agree to share a pet, and the court can order joint ownership and responsibility. A shared arrangement works best with clear terms written in your marital settlement agreement. These terms can include where the pet lives and when, who pays for food and vet bills, and who makes medical decisions. They can also address what happens if one of you moves. Setting expectations around these things is important for avoiding disputes in the future.

Sharing can be hard or impossible if you and your ex don’t communicate well. In this case, it often makes more sense for one spouse to keep the pet. The other spouse may then receive a larger share of other property.

What if Your Spouse Takes the Pet During an Illinois Divorce?

Moving out with the pet does not automatically determine who ultimately keeps it. However, the court can consider the animal's care and living arrangements when deciding which placement supports its well-being. Until the court enters a final judgment, a marital pet is still marital property that the court can allocate. Taking the animal without discussion does not help a spouse’s image with the court and can make it harder to reach a settlement on other issues.

If your spouse has taken the pet, write down when it happened and keep any messages about it. Avoid taking the pet back yourself. Raise the issue through your attorney instead, so it can be addressed in negotiations or with the court.

Call a Will County, IL Asset Division Attorney Today

For many families, a pet is a member of the household, and deciding where it ends up can be one of the harder parts of a divorce.

Our Kane County, IL divorce lawyers can help you negotiate a pet arrangement or present your case for keeping your pet in court. We can also handle the rest of your property division, from the family home to retirement accounts.

Call SpyratosDavis LLC at 630-810-8881 to schedule a consultation.