Are Pets Considered Property in an Illinois Divorce?

 Posted on May 28, 2026 in Property Division

Pets can be one of the most contested parts of divorce. Illinois law treats them as property in divorce proceedings, but not in the same way as a piece of furniture or a bank account. Illinois was one of the first states in the country to require courts to consider the well-being of a pet when deciding who gets to keep it. This change gives judges more flexibility when making that decision.

If you're heading into a divorce in 2026 and share a pet with your spouse, a Naperville, IL divorce attorney can help you understand how Illinois courts approach these disputes and what you can do to protect your position.

What are Illinois’ Laws Regarding Companion Animals in a Divorce?

Pets must be classified as marital or non-marital property just like any other asset. However, 750 ILCS 5/503(n) sets companion animals apart from the rest of the marital estate by asking courts to take the animal's well-being into account when deciding ownership.

This means a judge isn't only looking at who paid for the dog initially. The court can consider factors like who generally cares for the animal, whose living situation is better for the pet's needs, and what arrangement is in the animal's best interest.

Courts can only award a companion animal to one spouse. Illinois does not provide for shared "custody" of a pet the way it does for children. However, the court won’t stop ex-spouses from reaching their own agreement about sharing time with a pet as part of a negotiated settlement.

Does It Matter Who Owned the Pet Before the Marriage?

When the pet was acquired is very relevant in disputed ownership cases. Like other assets, a pet owned by one spouse before the marriage is generally considered non-marital property. If you brought a dog into the marriage, ownership likely won’t be up for debate.

Things get more complicated when both spouses contributed to the animal's care throughout the marriage, or when the pet was acquired jointly during the marriage. In these cases, the pet is treated as marital property.

What Affects Who Gets to Keep the Pet in an Illinois Divorce?

When pets are up for division and spouses can't agree on who should keep them, judges look at what would best serve the animal in the context of the divorcing couple’s situation. While Illinois law doesn't spell out a specific list of factors the way the child custody statute does, courts generally look at practical, care-related issues, including:

• Who fed, walked, and groomed the pet

• Who took the pet to veterinary appointments

• Whose work schedule allows more time with the animal

• Whether there are children in the household who are bonded with the pet

• Each spouse's living situation after the divorce, including space, yard access, or proximity to a familiar environment

• Whether the pet has any special medical needs, and who has managed them

• Any history of abuse or neglect of the animal

Documentation is important in these cases. Vet records, pet insurance policies, purchase or adoption paperwork, statements from people who know your situation, and even photos of your interactions with the pet can all be used to establish who was the primary caretaker. Unverifiable claims that the pet "likes me more" won’t hold significant weight for a court making decisions about the animal’s welfare when compared to other factors.

Call a Wheaton, IL Asset Division Attorney Today

Pet disputes in a divorce can get contentious. If you’re very invested in making sure you walk away with the family pet, contact an experienced asset division lawyer for help. At Roberts PC, our Naperville, IL divorce lawyers work hard to reach a fair settlement that saves you time and money. If that's not possible, we're prepared to take your case to trial. Every client has direct access to Attorney Robert’s cell phone and email, so you're never left waiting for answers about your case. Call 630-668-4211 to set up a free consultation today.