What Happens to Pets in an Illinois Divorce?

For many couples, pets are more than mere animals; they are family members, friends, and valued companions. So, when a couple faces possible divorce, a question we as family law attorneys often receive is, “Who keeps the family pet?” For many, this question is as important as those regarding the financial or child custody issues at play.

Historically in Illinois, family pets were considered pieces of personal property, like a couch or a TV, and they were handled purely as part of property division. But in January of 2018, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) was updated to gives Illinois divorce courts new tools to allocate ownership and responsibility for a “companion animal.” The IMDMA now mandates the courts to consider a companion animal’s well-being in determining who should be granted ownership in a divorce proceeding. This landmark change in the law gave Illinois the distinction of being the  first state to explicitly require its courts to consider an animal’s welfare when “dividing” a marital pet.

The Companion Animal Provision in the IMDMA

Section 503(n) of the IMDMA states:

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 a companion animal of the parties. In issuing an order under this subsection, the court shall take into consideration the well-being of the companion animal.

It is important to note that under the law, a “companion animal” means the family dog, cat, bird, or lizard; the statute explicitly excludes service animals.

The IMDMA’s General Property Rules

To determine who gets the family pet, the court must first determine whether the pet is marital property or non-marital property, just like any other asset. If the pet was acquired during the marriage, it will be considered marital property. If the pet was inherited from a relative, it may be deemed non-marital property.

Once property is classified as marital, the court will determine how to divide that property between the parties. If the property happens to be an animal, then under Section 503(n), the court must consider the animal’s well-being when deciding which party will keep the animal.

Factors the Court May Consider

When a companion animal is classified as marital property and the parties dispute ownership or responsibility for it, courts look at the following factors when determining a living arrangement that promotes the well-being of the animal:

• Day-to-day caregiving and routine — Who walked, fed, and trained the pet? Who took it to vet visits or to the groomer? Who handled boarding when the family traveled? This demonstrates which spouse acted as primary caregiver for the pet.
• Financial responsibility — Which spouse paid for veterinary bills, supplies, pet insurance, grooming, boarding? Who maintained records or receipts? Evidence of one spouse bearing the financial burden can strengthen that spouse’s claim.
• Living arrangements — Which residence offers better space, a yard, safety, compatibility with children and other pets, or landlord restrictions?
• Animal’s special needs — Does the pet have medical issues, behavior issues, or training needs? Evidence of a spouse’s ability (or inability) to meet those needs will have a bearing on the court’s decision.

Seeking Sole Ownership of a Family Pet

The best way to prepare to request sole ownership of a beloved companion animal is to gather evidence of all the ways you provide your pet with care. Some examples include:

• Veterinary records (dates, treatments, who paid)
• Adoption/rescue records
• Receipts for food/grooming/boarding/training
• Lease/home details showing whether your home accommodates pets
• Written communications between spouses about pet care or ownership
• Behavior or medical needs of the pet (special diet, therapy, meds)

Can You Agree on Pet Ownership?

You can always agree with your spouse on matters relevant to your divorce without having to litigate them. If you and your spouse can agree on who will keep and care for the family pet during and after the divorce proceedings, the statute provides you with an avenue for that, as well. Under §502(a) of the IMDMA, parties may agree to allocate ownership/responsibility for the family pet after divorce. You don’t need to leave it up to the judge if you already know what is best for your pet.

You can get as detailed as you’d like in your written pet ownership agreement. Think about how expenses will be shared; whether there will be physical “time” sharing, and how the pet’s routine will be preserved. What happens if one party relocates? How will you handle emergencies? Make sure you include it all.

Keep in Mind

• Service Animals: Service animals are not companion animals. If one spouse has a service animal, that animal is treated differently under the law and remains with the person relying on it.
• High-Value Animals: Some companion animals come with significant price tags. Show dogs, breeding animals, racehorses, and exotic pets, for example, may require a more complex evaluation and allocation. The court may treat these as marital property, offsetting allotments or valuations, just like other assets.
• Emergency/Temporary Relief: Section 501(f) of the IMDMA allows either party to move for the temporary allocation of sole or joint possession of and responsibility for the companion animal during the divorce proceedings. The court will take into consideration the well-being of the companion animal when making this assessment, as well.

Reach Out to a North Shore Family Law Attorney

In Illinois divorces, family pets occupy a unique position because they are technically classified as property, but the court must consider their well-being when allocating them to a party. You love your pet, and you take its care seriously. You want to know that your furry or scaly or feathered loved ones will be well cared for no matter the outcome of your divorce. The attorneys of O. Long Law, LLC, have experience in helping clients manage these complicated and important issues. Contact us today to schedule your initial consultation.