Who Gets the Pets in an Illinois Divorce?

 Posted on July 30, 2026 in Property Division

Pets can often feel like family members. So, when there is a divorce, the family pets may be affected as well, and couples may fight over who the pet lives with after the divorce. This can be quite an emotional subject for many couples, sometimes necessitating a judge’s intervention. If you have concerns about how pet ownership will be handled in your divorce, consider reaching out to a Wheaton, IL property division attorney.

At Davi Law Group, we understand that ownership of a pet in a divorce may be an issue of real consequence to you. Attorney Dion U. Davi can help you make a case to protect your pet, drawing on years of negotiation experience and problem-solving during divorce.

Are Pets Considered Property in an Illinois Divorce?

Under Illinois law, judges can treat a companion animal as a marital or separate asset. That doesn’t necessarily mean that the animal’s needs are not taken into consideration. It does mean that judges have the authority to divide up pet ownership and responsibility in a divorce judgment. A family law court can order "sole or joint" ownership of a pet at its discretion, based on a number of different factors.

Divorcing couples are allowed to make their own arrangements for sharing time with the pet without court involvement. Oftentimes, negotiating an agreement outside of court is less expensive than proceeding to litigation over a family pet.

What Factors Will a Judge Consider When Dividing Up Pet Ownership in 2026?

Since a pet can be viewed as a "marital asset" under Illinois law, judges can consider certain statutory factors when assigning ownership. For example, the court might look at the length of the marriage, or how much money each party spent on the pet. Judges may also look at the value of the pet and then offset that value by awarding additional property to the party that does not get the pet. According to state law, judges can take the well-being of an animal into consideration while still treating it as a marital or non-marital asset (750 ILCS 5/503).

Illinois is an equitable distribution state, which means that marital property – pets included – is divided fairly between the parties. Some things that may be considered are the living situation of each party, how often each party is home, who did most of the caretaking of the pet during the relationship, and who has more of an emotional bond with the pet. The court may also look at where any children will be living and their relationship with the pet.

Can a Marital Agreement Include Terms About Pets?

Many people do not realize that, unlike custody of a child, ownership over a pet after a divorce can be included in a prenuptial agreement. Pets are treated differently than children under Illinois law. Since pets are considered marital property rather than minor children in a legal sense, couples have more freedom to decide their fate in advance.

A marital agreement can state who keeps the pet, how ownership and care might be handled, or how pet-related expenses will be divided. Spouses who want certainty about a pet's future should consider addressing it directly in a prenuptial or postnuptial agreement rather than leaving the issue for a judge to decide later.

How Do You Make a Case for Pet Ownership in a Divorce?

If there is no marital agreement addressing pet ownership and you and your spouse absolutely cannot agree, you will need evidence to support your case. Physical proof can carry a great deal of weight in these disputes. Veterinary records showing who scheduled appointments and paid the bills can help establish a pattern of care. Receipts for food, toys, grooming, and supplies can also show consistent financial investment in the pet's well-being.

Other useful documentation may include:

• Adoption papers 
• Microchip registration 
• Any records naming you as the primary contact for the pet's care
• Text messages or emails discussing the pet's schedule 

Gathering this information early can strengthen your case if ownership becomes a contested issue during the divorce process.

Who Is Financially Responsible for a Pet After a Divorce?

Financial responsibility for a pet after a divorce depends on the terms of the divorce settlement or, if no agreement is reached, a judge's ruling. Expenses can include food, grooming, routine veterinary care, and emergency medical treatment. Couples can agree to split these costs evenly, assign them to one spouse, or divide them based on who retains ownership.

Without a clear agreement, disputes over pet expenses can continue long after the divorce is finalized. Addressing financial responsibility in writing, whether through a settlement agreement or a separate arrangement between former spouses, can help prevent future conflict and give both parties a clear understanding of their obligations moving forward.

How Should a Couple Split Up Pet Ownership in a Divorce?

The best situation is for the divorcing couple to come to an agreement amongst themselves about where the pets should live and who should take care of them. Divorcing couples are then free to be as creative as possible.

For example, some couples will trade weeks or months with the pet. Other couples will decide that the pet should live with one of them while the other person will pet sit while that person is away. Pets may be attached to certain people or places, and it is best to try to keep that in mind when determining who will get the pets in a divorce.

Contact a DuPage County, IL Property Division Lawyer

If you are thinking about divorce and are worried about who will get the pets, you need a skilled property division attorney on your side to make your case to the judge and your ex-spouse. Our experienced DuPage County, IL divorce attorneys at Davi Law Group can help advocate for your position when it comes to property division during divorce. Call 630-657-5052 to set up a free consultation.