What Happens To Pets in an Illinois Divorce?

 Posted on January 24, 2026 in Divorce

According to the American Pet Product Association, 94 million households in the U.S. had pets in 2024. For many people, pets are not property, but important members of the family. When couples in Illinois divorce, they must decide who gets custody of the family dog, cat, or other beloved pet.

Fortunately, Illinois law now recognizes how many people, including divorcing couples, care about their animals and provides options for pet custody in divorce. If you are worried about what will happen to your pet during your 2026 divorce, a DuPage County divorce attorney can help you understand what the law says about divorce and pets.

Does Illinois Law Allow Pet Custody or Pet Visitation?

In 2018, Illinois Public Act 100-0422 amended the Illinois Marriage and Dissolution of Marriage Act to allow new custody arrangements for animals. Illinois courts can now award either sole or joint ownership of a companion animal. When making this decision, the judge must consider the pet's well-being. Before this law, pets were simply divided as property. One spouse got the pet, and the other had no legal right to see the animal again.

The law also allows couples to create their own agreements about pet custody and visitation. If you and your spouse can work together, you can decide on a schedule that works for both of you and your pet. This can include details like who pays for veterinary care, where the pet stays during holidays, and how much time each person gets with them.

What Pets Qualify for Custody Consideration in Illinois?

The statute applies to traditional pets like dogs and cats. It may also cover other companion animals like rabbits or guinea pigs. Animals used for business purposes, livestock, or commercial breeding do not qualify.

Not every companion animal qualifies for custody, either. The law specifically covers companion animals that are "marital property." This means the pet must have been gotten during the marriage because both spouses wanted it. If one spouse owned the pet before getting married, that pet stays with the original owner after divorce. Service animals also do not qualify, even if they were acquired during the marriage.

What Things Do Illinois Courts Consider for Pet Custody?

While the law does not list specific requirements, courts generally consider:

• Who fed, walked, and groomed the pet regularly.

• Who paid for veterinary care and pet supplies.

• Which spouse has the stronger emotional bond with the animal.

• Who has the better living situation for the pet's needs (i.e., a house versus an apartment).

• Whether the pet has a strong bond with any children in the family.

• Each spouse's ability to provide enough care and attention.

Courts want to make sure the pet ends up in the best situation. If you can show that you were the main person caring for your pet during the marriage, you have a better chance of getting custody.

Can Divorced Couples Share Custody of a Pet in Illinois?

Joint pet custody is allowed, but it works best when both spouses live relatively close to each other and can communicate respectfully. It could look like shared custody of children, with the pet spending certain days or weeks with each person.

Joint custody agreements should address important details like:

• Where the pet will stay on specific days.

• Who pays for food, toys, and routine veterinary care.

• How to handle emergency medical decisions.

• Who takes the pet during vacations.

• How to transport the pet between homes.

Some couples set up pet custody schedules that match their children's parenting time. When the kids go to one parent's house, the pet goes too. Having their pet around can help children emotionally as well.

Keep in mind that joint custody is not always the best option. Some pets do not handle change well and may become stressed moving between two homes. In these cases, one spouse may need to become the primary owner while the other gets visitation time.

How Can I Prepare for a Pet Custody Dispute?

If you expect your spouse to fight for custody of your pet, start gathering evidence now. Documentation can help prove that you are the primary caretaker and that the pet should stay with you.

Collect any records that show your involvement with the pet. Things like veterinary bills in your name, receipts for pet supplies you purchased, and registration documents showing you as the owner work. Take photos and videos of you caring for the pet and spending time together.

You may also want to gather statements from neighbors, friends, or veterinarians who can testify about your role as the primary caretaker. If you walked the dog every morning or took the cat to all its appointments, people in your life can confirm this.

If possible, try to negotiate an agreement with your spouse before going to court. Pet custody battles can be expensive and frustrating. Working out a compromise that allows both of you to maintain a relationship with the pet is often the best solution for everyone involved, including the animal.

Call a Wheaton, IL Divorce Lawyer Today

Pet custody disputes can be very emotional. Your pet is part of your family, and you should get legal help to protect your relationship with them. A DuPage County divorce lawyer can guide you through the legal process.

At Andrew Cores Family Law Group, we understand how important your pet is to you. Attorney Cores is currently a Fellow for the Collaborative Law Institute of Illinois and has also served as a member of his TEC Committee. We can help you successfully negotiate custody agreements or present your case in court. Contact us at 630-871-1002 today for a free consultation.