What Happens To Pets in an Illinois Divorce?

 Posted on October 16, 2025 in Divorce

For most couples, pets can feel like part of the family. However, Illinois law does not treat them as such. If you are going through a divorce, finding an amicable way to split time with your shared pets is best. If you cannot agree on your own, the court will review the facts and make an arrangement for you. Our experienced Wheaton, IL divorce lawyers can handle the legal process for you and help you come to an understanding that benefits all parties.

What Does Illinois Law Say About Sharing Pets After Divorce?

In January 2018, Illinois became one of the first states to recognize that pets are more than property. Under 750 ILCS 5/503(n) of the Illinois Marriage and Dissolution of Marriage Act, judges must consider the well-being of the companion animal when deciding who keeps the pet. This means the court can give one person sole ownership or allow both people to share the pet.

If the pet was adopted or bought while you were married, both spouses may have a legal right to it. The judge will then decide who should keep the pet after the divorce. If one person owned the pet before marriage, that person will likely keep it.

Joint ownership works a lot like shared parenting time. The court may create a schedule for who feeds, walks, or cares for the pet and when each spouse gets to spend time with it. These rules only apply to companion animals, such as dogs or cats, not to livestock or service animals.

Common Plans for Sharing Pets After Divorce

You can create shared pet care arrangements to make sure your animals continue to receive love and attention from both homes. Some common examples include:

• Each spouse keeps the pet for a set period, such as one or two weeks, before switching.

• One spouse cares for the pet during the week, and the other takes over on weekends.

• One person provides daily care while the other has scheduled visits or overnights.

• Both spouses share costs for food, grooming, and vet care based on income or agreement.

• Couples decide who keeps the pet on holidays, birthdays, or special occasions.

• The plan covers who cares for the pet when one person is out of town.

These structured plans help reduce conflict and protect your pet’s well-being.

How Can You Resolve Disputes over Pets During the Divorce Process in Illinois?

Not every dispute needs to be resolved in court. Many couples handle these issues on their own. However, if you need it, you can try mediation. This is where a neutral third party helps you reach an agreement. During mediation, you can decide who will be the primary caregiver, how to share expenses, and whether both of you will have time with the pet.

Reaching an agreement outside of court gives you more control and helps avoid conflict. If no agreement is reached, the judge will decide based on who cared for the pet, who paid expenses, and which home offers the best environment. Mediation often leads to better outcomes for both of you.

Schedule a Free Consultation With a DuPage County, IL Divorce Attorney Today

At Andrew Cores Family Law Group, we know that pets are family. We will guide you through every step of the divorce process, including reaching a fair agreement on dividing time with your pet. Call 630-871-1002 today to schedule a free consultation with Wheaton, IL divorce lawyers who combine compassion with legal knowledge.