Can You Include Pets in a Pre or Postnuptial Agreement?

 Posted on January 28, 2026 in Prenuptial & Postnuptial Agreements

When couples think about protecting their assets before or during marriage, they usually focus on homes, retirement accounts, and bank accounts. However, for many people in 2026, their pets are just as important as financial assets. If you share your life with a beloved dog, cat, or other animal, you might wonder whether you can include provisions about your pet in a prenuptial or postnuptial agreement.

Usually, the answer is yes. Illinois law now allows couples to include pet-related terms in marital agreements. If you want to make sure your pet is protected in case of divorce, a Burr Ridge family law attorney can help you create an agreement that works for you.

How Does Illinois Law Treat Pets in Divorce?

Illinois used to treat pets the same way it treated furniture or other personal property. That changed when Illinois passed 750 ILCS 5/503(n) in 2018. This law recognizes that pets have value beyond money. Now, when a couple divorces, Illinois courts can consider the well-being of the pet when deciding who gets custody. Judges can look at who takes care of the pet, who pays for vet bills, and what living situation would be best for the animal.

What Can You Include About Pets in an Illinois Prenuptial Agreement?

A prenuptial agreement is a contract you sign before you get married, explaining what happens to different assets if a divorce happens.

For pets, you can say which spouse will keep the pet if you divorce. You can also create a shared custody arrangement where the pet splits time between both households. Many couples include terms about who will pay for the pet's ongoing care, including food, grooming, and veterinary expenses.

Some agreements include provisions about end-of-life care for the pet. You can also include terms about what happens if one spouse cannot care for the pet anymore due to illness or relocation.

The important thing here is to be specific. Your agreement should spell out details like how many days per month each person will have the pet if you make plans for joint custody, who will transport the animal, and who will make medical decisions.

Can You Add Pet Provisions to an Illinois Postnuptial Agreement?

A postnuptial agreement works the same way as a prenuptial agreement, but you sign it after you are already married. Many couples create postnuptial agreements when they adopt a pet together during the marriage. Both spouses must enter the agreement voluntarily.

What Happens if You Don’t Have an Agreement About Your Pet and You Get Divorced?

If you divorce without an agreement that addresses your pet, and you can’t agree on what to do together, the court will decide what happens to the pet. The 2018 update to the law means the judge must consider the well-being of the pet and can award sole ownership to one spouse or create a "joint custody" arrangement.

The court will look at several factors, like:

• Who cares for the pet on a daily basis

• Who pays for vet care and other expenses

• Which spouse is more bonded to the pet

• What living situation would be better for the pet's needs

• If children in the family have a relationship with the pet

This process can be stressful and unpredictable. Having a clear agreement in place removes this uncertainty. Remember that any agreements made cannot violate animal welfare laws and need to be fair to both spouses.

Call a Wheaton, IL Family Law Attorney Today

Protecting a pet you love with a prenuptial or postnuptial agreement can give you peace of mind. Our Burr Ridge prenuptial agreement lawyers at Roberts PC understand how important your pets are. Attorney Chuck Roberts makes himself available to every client by giving them his cell phone number and email address. 

We will work hard to create an agreement that protects your interests and try to settle your case in a way that saves you money. If a settlement is not possible, we are willing to take your case to trial. Contact Roberts PC at 630-668-4211 today for a free consultation.