Who Keeps the Family Pets in an Illinois Divorce?

 Posted on August 17, 2026 in Division of Property

For many couples, a pet is an important part of the family. This can make deciding who keeps a pet a very emotional part of a divorce.

In Illinois, if a family pet is marital property, a judge can give one spouse sole ownership or give both spouses joint ownership and responsibility. If you are concerned about what will happen to your pet during a divorce in 2026, a Rolling Meadows, IL divorce attorney can explain how the law applies to you.

Is a Pet Considered Marital Property in Illinois?

Before deciding who will keep a pet, the court must determine whether the animal is marital property. In general, property acquired during a marriage is presumed to be marital property, and property that one spouse owned before the marriage is generally non-marital.

The same basic rules apply to pets. For example, a dog one spouse adopted before getting married may be that spouse's non-marital property. A dog that the couple adopted together during the marriage may be a marital asset. Adoption papers and other documents may be useful when ownership is disputed.

How Does an Illinois Judge Decide Who Keeps a Pet?

Illinois does not treat a marital pet quite the same as other household property. Under 750 ILCS 5/503(n), the court must consider the well-being of a companion animal that is marital property when deciding ownership and responsibility.

Because the focus is on the animal's well-being, information about the pet's daily life may be important. A spouse may want to gather evidence showing:

• Who regularly cares for the pet, including walks and food
• Who takes the animal to veterinary appointments
• Where the pet has been living during the divorce
• Who handles grooming, training, medication, or other ongoing needs

The law does not provide a set checklist that automatically decides who gets the pet. A judge can consider the information presented by the spouses and decide what arrangement supports the animal's well-being.

Can Divorcing Spouses Share a Pet in Illinois?

Illinois law allows a court to award sole or joint ownership and responsibility for a companion animal that is a marital asset. This means that just one spouse does not always have to keep the pet permanently.

Spouses may also reach their own agreement. Illinois law allows divorcing couples to create a written settlement agreement that provides for sole or joint ownership of and responsibility for a companion animal.

The agreement should be clear about where the pet will live and how the spouses will handle its care. It may also address costs such as veterinary bills, food, grooming, and medication.

Who Keeps the Pet While an Illinois Divorce Is Pending?

A divorce can take time, and a couple may need an answer about their pet before the case ends. In Illinois, either spouse may ask for a temporary order for possession and responsibility for a companion animal that the spouses jointly own.

The temporary arrangement can give one spouse possession of the pet or allow the spouses to share possession and responsibility. When making this decision, the judge must consider the animal's well-being.

If you are worried that your spouse may take the pet or refuse to let you care for it during the divorce, speak with your attorney early. You may be able to ask the court to address the issue while the rest of the divorce is still pending.

Does Illinois Pet Law Apply to Service Animals?

Illinois law treats service animals differently from family pets during divorce, and the service animal stays with the spouse it serves. The companion animal rules in the Illinois Marriage and Dissolution of Marriage Act specifically exclude service animals.

This distinction can be important when one spouse relies on a trained service animal. If there is a dispute about a service animal during a divorce, an attorney can explain which laws apply and how the issue should be handled.

Contact a Rolling Meadows, IL Divorce Attorney

Attorney Donald J. Cosley personally handles every part of your case. When you call with questions about your case, you will speak with him, your legal representative, and will not be passed off to a paralegal. If you are concerned about your pet or another property issue during divorce, contact the Arlington Heights, IL divorce attorney at Cosley Law Office for a free consultation. Call 847-253-3100 today.