If you have a dog, cat, horse, bird, or another pet, you most likely do not think of your pet as mere property. You may even consider your pet part of the family. However, under Illinois divorce law, pets are classified as property and subject to the same asset division laws as vehicles, bank accounts, and other types of property. Fortunately, the law was updated in 2018 to reflect the fact that pets are more than mere possessions.

What Happens if Divorcing Spouses Disagree About Pet Ownership?

Understandably, many people have strong feelings about their pets. This can make deciding who should keep the pet after a divorce extremely difficult. Spouses are encouraged to negotiate a property division arrangement that works for them. However, property division concerns are not always able to be resolved out of court. If a divorcing couple cannot reach an agreement on pet ownership, the court may need to make a decision on the spouses’ behalf.

Per Illinois law, property that was obtained by either spouse during the marriage is marital property. Property that a spouse owned before the marriage is non-marital property and belongs solely to that spouse in the event of divorce. If you got your pet during the marriage, both spouses have a right to the pet. If a spouse owned the pet before the marriage, it may be considered non-marital property. However, if both spouses cared for the pet and paid for pet supplies and veterinary care, the pet may be considered marital property regardless of who first acquired the pet.