Which Spouse Gains Ownership of the Family Pet in an Illinois Divorce?

 Posted on May 06, 2026 in Division of Assets

Pets can be a very emotional part of a divorce settlement. For some couples, the divorce may go fairly smoothly until they start dividing everything. How do you decide who gets to keep an animal both of you have loved and taken care of? Is it possible to work out a pet custody arrangement, or are they treated like an asset?

If you're going through a divorce in 2026 with an animal companion you don't want to give up, a DuPage County family law lawyer can explain how Illinois courts address pet ownership in divorce.

Are Pets Treated Like Property in an Illinois Divorce?

For a long time, Illinois courts treated pets the same way they treated a couch or a set of dishes: as personal property to be divided. Then, a few years ago, Illinois became one of the first states to pass a law specifically addressing pets in divorce. Under 750 ILCS 5/503(n), Illinois courts can now consider the well-being of a companion animal when deciding which spouse should take ownership. These days, a judge will treat the ownership of the pet much more similarly to an actual custody case. They can look at who has been the animal's primary caretaker and what living situation is best for the pet going forward.

Illinois law still doesn't allow for "shared custody" of a pet the way it does for children, but courts can actually approve joint ownership arrangements if doing so doesn't interfere with the well-being of the animal. This means that if both spouses want to remain involved in a pet's life and can demonstrate they'll cooperate, a judge has the flexibility to approve a shared arrangement rather than forcing an all-or-nothing outcome.

How Does a Judge Decide Who Keeps a Pet in an Illinois Divorce?

The first and best option is for couples to work out who will keep the pet, or who will have it when. When spouses can't agree on ownership, though, a judge will make the call.

Courts consider several factors when deciding what arrangement will work best, which often include:

• Who fed, groomed, and took the animal to vet appointments
• Who the pet appears to be bonded to most strongly
• Each spouse's living situation and whether it's suitable for the animal
• Whether children are involved and which parent they'll live with primarily
• Whether one spouse had the pet before the marriage began

If the pet was owned by one spouse before the marriage, it’s likely that it will be considered personal property and not subject to division. If the pet was adopted jointly during the marriage, it's typically considered a marital asset, and both spouses have a claim.

What Kind of Joint Ownership Arrangements Do Couples Use?

Pet ownership after divorce can look very different from couple to couple. Some spouses ultimately agree that one person takes full ownership. They may offset this by having the spouse who didn’t get the pet give up something else of value in exchange. Others work out an informal schedule where the pet moves between households. This may be a good solution when children are involved, and both sides want to keep the animal in the kids' lives.

In rarer cases, spouses draw up a written agreement that spells out things like who covers vet bills, who makes medical decisions, and how holidays with the pet are handled. Courts do not require a specific format. A judge will generally approve whatever the two parties agree to as long as it's reasonable and doesn't harm the animal.

What Will Strengthen Your Case That You Should Keep the Pet After the Divorce?

If you want to make a strong argument for keeping the family pet, you should provide documentation that you are the primary caregiver. Good examples of this are:

• Veterinary records showing that you brought the pet to appointments
• Receipts for food, medication, grooming, or boarding that were paid for from your accounts
• Photos or videos showing the relationship between you and the animal
• Witness statements from friends, family, or neighbors who know your relationship with the animal
• Records showing the pet was owned before the marriage (if applicable)

The more clearly you can show that you've been the one caring for the animal, the stronger your position. If you’re worried about who will be granted ownership of your pet, an attorney can help you gather and present this evidence effectively.

Call a Naperville, IL Divorce Lawyer Today

If your pet is extremely important to you, you should find an attorney who will advocate for them to stay in your life. Our DuPage County divorce attorney brings nearly two decades of legal experience to every case. Attorney Pesce also has significant experience representing the interests of children in court. If you’re concerned about the effect losing a pet in your divorce would have on your children, his experience is extremely relevant. Call Pesce Law Group, P.C. at 630-352-2240 to schedule a free consultation today.