Who Gets the Dog in an Illinois Divorce?

The short answer: the court decides ownership and responsibility

If you and your spouse cannot agree on who gets the dog, the judge decides who owns the pet and who is responsible for it, and the judge must take the animal's well-being into consideration. Under 750 ILCS 5/503(n), if the court finds that a companion animal of the parties is a marital asset, it "shall allocate the sole or joint ownership of and responsibility for" the animal.

Illinois added this rule in Public Act 100-422, which took effect on January 1, 2018. The same Act lets either spouse ask for a temporary order while the divorce is pending. Under 750 ILCS 5/501(f), either party may petition or move for the temporary allocation of sole or joint possession of and responsibility for a companion animal the spouses jointly own, and the court again considers the animal's well-being. So you do not have to wait for the final judgment if the question of who keeps the dog cannot wait.

The pet rule sits in the property part of the divorce statute, not in the parenting part. That is why the law speaks of ownership and responsibility, even though many people call it pet custody. There is no separate legal custody of pets in the sense used for children, so the question of who gets the dog in a divorce is answered with the property rules below.

Is the pet marital or non-marital property?

It depends on when and how the pet was acquired. In general, a pet acquired during the marriage is presumed marital, while a pet one spouse owned before the marriage is non-marital. Gifts can be non-marital too, but gifts between spouses raise harder questions.

The statute's general property rules decide this question. Property acquired before the marriage is non-marital, and so is property acquired by gift, legacy or descent (503(a)(1), (6)). Property acquired by either spouse after the marriage and before the judgment is presumed marital, and the presumption is overcome by clear and convincing evidence, for example that the animal was acquired in a way the statute lists as non-marital (503(b)(1)). The court assigns each spouse's non-marital property to that spouse (503(d)). Section 503(n) applies only once the court finds the companion animal is a marital asset.

Records help answer the question. Look for adoption or purchase papers, the microchip registration, veterinary records, license tags and any texts or emails about who paid for the animal and when.

What the court weighs for the animal's well-being

Section 503(n) tells the judge to consider the animal's well-being, but it does not list factors, so the evidence each spouse brings matters. The statute names well-being only; the points below are evidence ideas, not a statutory checklist.

• Who handles feeding, walks, litter, grooming and training day to day.
• Who takes the animal to the vet and keeps up with medication.
• Each spouse's work and travel schedule after the divorce.
• Housing: a lease that allows pets, space, a yard or nearby park.
• The animal's age, health and routine, and whether it lives with other pets.
• Where the children will spend most of their time, if they are close to the animal.

The new law for unmarried partners, described below, lists similar evidence for its own cases: the history of daily caregiving, feeding, grooming, veterinary and training involvement, financial contributions to care, and the stability of the animal's living environment. Those factors are written for that new type of case, not for divorce, but they show the kinds of facts Illinois law treats as relevant to a pet's care.

Sole or joint ownership of a pet

The court can give one spouse sole ownership and responsibility, or give both spouses joint ownership and responsibility (503(n)). Sole ownership is simpler. Joint ownership can work when both spouses are committed to the animal and live near each other, but it needs clear terms.

If you share a pet, put the details in writing:

• a schedule for where the animal lives and how handoffs happen;
• who pays for food, vet bills, insurance, boarding and grooming, and in what shares;
• who makes medical decisions, and how you decide on major or end-of-life care;
• what happens if one of you moves, travels for long periods or can no longer care for the animal.

For how property is divided generally, read how assets are divided in an Illinois divorce and what a spouse is entitled to.

Service animals are treated differently

A service animal is not a "companion animal" under Section 503(n), so the pet rule does not apply to it. The statute excludes a service animal as defined in Section 2.01c of the Humane Care for Animals Act, and the temporary-order and settlement provisions use the same exclusion (750 ILCS 5/501(f), 5/502(a)). If one spouse relies on a service animal, ask a lawyer how it will be handled in your case.

New in 2027: pet disputes between unmarried partners

Starting January 1, 2027, Public Act 104-0613, called the Companion Animal Custody Equity Act, gives unmarried partners an explicit path to bring a pet dispute to court through a replevin action (Public Act 104-0613). Replevin is the type of case used to recover property that is wrongfully taken or held (735 ILCS 5/19-101). The General Assembly's findings note that current law lets courts consider a companion animal's well-being primarily in divorce cases.

Under the new law:

• a "companion animal" is an animal commonly considered to be, or considered by its owner to be, a pet, including dogs, cats and horses;
• the parties in a replevin case about a companion animal include domestic partners, former partners, cohabitants, fiances or roommates, if shared responsibility for the animal's care can be demonstrated;
• while the case is pending, the court may issue temporary possession or caregiving orders, including limited visitation, if necessary to reduce stress or disruption to the animal (new 735 ILCS 5/19-106.5); and
• the court may consider the animal's well-being regardless of the parties' legal status, may weigh evidence such as caregiving history and ownership papers (the Act says ownership documents are not determinative on their own), and may order mediation (new 735 ILCS 5/19-130).

If you are not married, also read our guide to common law marriage in Illinois.

Put the pet in your settlement agreement

The simplest way to settle who gets the pet is a written agreement. Illinois law lets spouses enter into an agreement allocating the sole or joint ownership of or responsibility for a companion animal (750 ILCS 5/502(a)). Terms of a settlement agreement, other than terms about the children, bind the court unless it finds the agreement unconscionable (502(b)).

Use the checklist in the joint ownership section above, and keep the language specific. Our guide to the marital settlement agreement explains how agreements are approved and enforced. Couples who are not yet married can also address pets in a prenuptial agreement, since property excluded by a valid premarital or postnuptial agreement is non-marital (503(a)(4)).

Getting help

The firm can help you negotiate pet terms, ask for a temporary order, or present evidence about the animal's care. Chicago Family Attorneys handles family law only, for clients in Chicago and Cook, DuPage, Lake and Will Counties, from its office in Chicago.

When every issue is agreed, the firm's attorney-handled uncontested divorce is a $1,500 flat fee (court filing fees not included). Limited scope help covers drafting from $500 and one hearing appearance from $1,200. Full representation is an initial payment of $1,500 to $2,500, then $500 to $650 per month beginning 30 days after the initial payment while representation remains active. Fees are confirmed in writing before you engage the firm, and no lawyer can promise a particular result.

Consultations are by phone; a free weekend consultation is available by Zoom. Call 312-965-5618, or visit our Chicago property division page.