Illinois courts take a more nuanced, “best interests” approach to pets similar to child custody. Excluding service animals, pets are considered marital property if acquired during the marriage. What matters most is the pet’s well-being, the primary caregiver, and each spouse’s ability to care for the pet. The court can award sole custody, shared care, or consider offsets in the settlement.
Illinois Pet Custody Laws: What’s Changed?
As of January 1, 2018, Illinois added a pivotal change to the Illinois Marriage and Dissolution of Marriage Act, under Section 503(n). Now, courts may allocate sole or joint ownership and responsibility for a “companion animal” if it’s considered a marital asset. This means that it was acquired during the marriage. Importantly, the court must consider the well‑being of the animal when making that decision.
How Do Courts Decide Pet Custody?
The courts consider:
- Who cared for the pet during the marriage (feeding, vet visits, walks)
- The pet’s well‑being, including living conditions, stability, and routine
- Each spouse’s ability to provide financial and emotional care
- Work schedules, living arrangements, and proximity to the pet’s usual environment
Courts may award sole or joint ownership, and while detailed “parenting time” orders are rare, some judges do order shared care or visitation for pets as part of the divorce agreement.
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