What Happens to Pets in an Illinois Divorce?

Monday Matters | Pinay Law

Meet Noir.

He’s charming, he’s observant, and we’re fairly certain he believes he’s in charge of the office. And while he hasn’t passed the bar exam (yet), he’s already earned himself a pretty important title here at Pinay Law: Pawralegal.

Noir’s responsibilities include supervising office activity, providing occasional emotional support, and reminding us that sometimes the most important member of the family has four legs and a tail.

And that brings us to this week’s Monday Matters- on a Tuesday. Last time we shared about some changes that were coming to family law in Illinois in 2027. You can read more about it here.

We talk a lot about what happens to the house, the bank accounts, and the children when a marriage ends.

What happens when both people love the family pet?

Illinois has something to say about that. And beginning January 1, 2027, the law is getting even more interesting.

Is Your Dog Considered Property in an Illinois Divorce?

Here’s something that surprises people: legally speaking, pets have traditionally been treated as property. Studies have shown that 97% of people consider pets family. Just so you know- I’m in that 97%

In 2018, Illinois amended the Illinois Marriage and Dissolution of Marriage Act to require courts to consider the well-being of companion animals when determining their ownership in a divorce.

Under 750 ILCS 5/503(n), when a court determines that a companion animal is marital property, it must allocate sole or joint ownership and responsibility for the animal while considering the animal’s well-being.

In other words, while your dog may still be classified as property, the law recognizes that the pet’s welfare matters.

And that’s a meaningful distinction.

Illinois law also permits divorcing spouses to enter into written agreements addressing ownership and responsibility for their companion animals under Yes, you can negotiate who keeps the pets, who handles veterinary expenses (how that is handled), and whether shared caregiving makes sense. 

And as a divorce attorney, I will tell you this: the more clearly those arrangements are documented, the fewer opportunities there are for conflict later.

Who Actually Gets the Pet?

Let’s say you and your spouse adopted a pet during your marriage. You both love the pet, but now you’re getting divorced. Who gets to keep your furry family member?

It’s not necessarily as simple as whose name appears on the adoption paperwork or who paid the adoption fee.

When a companion animal is marital property, Illinois courts must consider its well-being in allocating ownership and responsibility.

That means the animal’s actual care and circumstances can matter.

In doing so, we must consider the practical questions: Who feeds the pet? Who takes the pet to appointments to the veterinarian? Who handles the daily walks, medication, grooming, and training? And what living arrangement will provide the animal with appropriate, consistent care?

These are sensible questions to explore when negotiating a pet ownership arrangement.

And while we may jokingly refer to it as pet custody, Illinois law uses the language of ownership and responsibility. It is not the same legal framework or standard as best interests that is used to allocate parental responsibilities (custody) for children.

Even the Illinois Courts Have Had to Deal With Pet Drama

Believe it or not, pet disputes have made their way into Illinois appellate decisions.

In In re Marriage of Enders, 2015 IL App (1st) 142435, a divorcing couple disputed ownership and visitation involving their two dogs, Grace and Roxy.

The appellate court considered who was actually caring for the dogs, including the fact that one spouse had maintained their care while the other lived somewhere that did not permit pets.

The court ultimately upheld the decision awarding the dogs to the spouse providing their care, without ongoing visitation for the other spouse.

Importantly, this decision came before Illinois enacted its current companion animal provisions in 2018.

Discuss it early, document the relevant circumstances, and make sure any agreement addresses the actual needs of the animal. At Pinay Law, learning about your companion animals is a part of our early discussions. 

What’s Changing for Illinois Pets in 2027?

Beginning January 1, 2027, Illinois’ new Companion Animal Custody Equity Act, Public Act 104-0613, expands how courts may address disputes involving companion animals.

The biggest development? You won’t have to be married for the court to consider your pet’s well-being in a possession dispute.

Until now, Illinois’ express statutory framework for considering a companion animal’s well-being has largely been tied to divorce proceedings.

But what happens when two people live together for years, adopt a dog, share expenses, and then separate without ever having married?

The new law addresses that gap. 

Under 735 ILCS 5/19-130, courts may consider a companion animal’s well-being in possession disputes regardless of the parties’ legal relationship.

The statute identifies several factors a judge may evaluate, including:

• The history of daily caregiving, feeding, grooming, and veterinary care.
• Each person’s financial contributions and emotional bond with the animal.
• The stability and safety of the animal’s living environment.
• The animal’s age, health, and established routines.
• Ownership documentation, which may be relevant but is not necessarily controlling.

The law also provides additional considerations for senior companion animals age 10 or older, recognizing the importance of continuity, familiar surroundings, and minimizing stress.

And yes, courts may order mediation when appropriate.

That’s significant because it recognizes something pet owners have understood for a long time: animals develop relationships, routines, and attachments that don’t simply disappear when their humans separate.

Does This Mean You Can Get Joint Custody or Visitation With Your Dog?

Not exactly.

Illinois divorce law already permits courts to allocate joint ownership and responsibility for a marital companion animal.

The new 2027 law goes further by allowing courts, in appropriate possession disputes, to issue temporary orders addressing possession or caregiving, including limited visitation when necessary to reduce stress or disruption to the animal.

But let’s be clear: this does not mean pets have the same legal status as children, or that every pet owner has an automatic right to visitation.

The court retains discretion, and the animal’s well-being remains an important consideration.

For couples who can work together, a thoughtful agreement may be the better solution.

After all, nobody wants to spend more money fighting over a pet than they would spend caring for the pet. And let’s be clear these concerns are not simply relegated to dogs or cats- this includes horses and other large animals. 

A Little Advice From Our Pawralegal (and the Attorneys)

If you’re separating or contemplating divorce and share a beloved pet, don’t wait until emotions are running high to discuss what happens next.

Think about who will provide daily care, how veterinary expenses will be handled, whether any shared arrangement is practical, and how the animal’s routine can remain as stable as possible.

Final Thoughts: Because Family Sometimes Has Four Legs

At Pinay Law, we understand that family comes in many forms.

Sometimes it includes spouses and children. Sometimes it includes extended family. And sometimes it includes a four-legged companion who has been there through every major life change.

Illinois law continues to evolve in recognizing the importance of companion animals, and the changes taking effect in 2027 are another step toward considering their welfare in legal disputes.

Whether you’re navigating a divorce, a separation, or questions about shared property and responsibilities, understanding your legal options matters.

And if your family includes a Noir of your own, we understand why this conversation is important.

Considering divorce or separation in Chicago or the surrounding suburbs?

The family law attorneys at Pinay Law can help you understand your rights, responsibilities, and options. Contact us today.

Until next Monday, take care of yourself, your family, and your furry family members.

And from Noir? Probably an enthusiastic request for another treat.

This article provides general information about Illinois law and does not constitute legal advice. Every situation is different, and the application of the law depends on the particular facts and circumstances.

About the Author

Attorney Andrea M. Harvey serves as Senior Counsel, Business Development & Strategy at Pinay Law. Andrea is passionate about helping clients navigate life’s most significant transitions with clarity, confidence, and compassion.

Through her #MondayMatters series, Andrea explores the intersection of law, leadership, business, and life—because some of the most valuable lessons learned in the practice of law extend far beyond the courtroom. Her writing is designed to inform, encourage thoughtful conversation, and provide practical insights drawn from real-world experience.

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Disclaimer

The information contained in this article is provided for informational and educational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship with The Law Office of Janice A. Dantes or any of its attorneys. Every legal matter is unique and depends on its specific facts and circumstances. Readers should consult with a qualified attorney regarding their individual legal needs before taking any action based on the information discussed in this article.