As a divorce attorney in Illinois and a huge animal lover, I frequently hear and empathize with clients who are concerned about one of their most cherished family members: their pets. When couples divorce, the future of their pets can often become as emotional and complicated as other aspects of the separation—custody, property division, and financial support. For many, pets aren’t just animals; they’re beloved members of the family. So, what happens to them in a divorce?
Illinois Law and Pets: More Than Just Property
Unlike children, pets are considered property under Illinois law. This means that when a couple divorces, pets are typically treated the same way as furniture or a car in terms of legal ownership. However, Illinois courts are starting to recognize the emotional significance of pets, and this is leading to some important changes in how pet custody is handled.
In Illinois, pets are generally included in property division, and the court’s primary focus is on who owns the pet. The issue arises when both parties claim the pet as their own or when a couple has shared ownership. Things get even more difficult when children have attachments to the pet and child custody is at play. In these cases, the judge may order the pet to be awarded to the party that can demonstrate they were the primary caregiver or the one who has a stronger bond with the pet. It’s important to note that Illinois doesn’t have specific laws or guidelines for “pet custody” the way it does for children, so much of the process is based on negotiation or the judge’s discretion.

What to Do If You’re Divorcing and Worried About Your Pet
While Illinois courts don’t grant custody like they do with children, there are still steps you can take to ensure the best outcome for your pets during a divorce:
- Try to Reach an Agreement: Like other aspects of divorce, the best outcome for everyone involved—pets included—comes when both parties can agree. If both spouses are able to negotiate a resolution for the pet, such as splitting time or sharing care duties, that can be the simplest and least stressful solution.
- Document Who Is the Primary Caregiver: If an agreement can’t be reached, the court may look into who was the primary caregiver of the pet. This can include details like who feeds, walks, and takes the pet to the vet. If you were the primary caregiver, this may strengthen your case.
- Consider a Pet Parenting Plan: While Illinois law doesn’t formally recognize pet custody arrangements, you can create an informal “pet parenting plan” that works for both parties. This may outline things like visitation, expenses, and other responsibilities. Having an agreement in place can prevent ongoing conflict and make things easier for your pet.
- Be Prepared for Emotional Decisions: Divorce is hard enough, but when it involves a pet, emotions can run even higher. It’s important to remember that pets, like children, thrive in stable, loving environments. The more you and your spouse can cooperate for the pet’s well-being, the better the outcome will be for everyone involved.
- Consider Mediation: If negotiations are proving difficult, you can also consider mediation to help settle pet-related disputes. Mediation is often less costly and stressful than going to court, and it can help facilitate a more amicable solution, particularly when it comes to something as emotional as a pet’s future.

How a Divorce Lawyer Can Help
As your divorce lawyer, I can help navigate the complexities of your divorce, including pet ownership issues. While pets are legally classified as property in Illinois, we can work to ensure that the best interests of your furry companion are considered. Whether through negotiation, mediation, or working with your spouse’s attorney, my goal is to help you reach a solution that ensures the well-being of your pet and a fair division of assets.
Final Thoughts
Divorce is tough on everyone, and pets can feel the stress too. Even though Illinois law doesn’t officially recognize pets as children, many courts are becoming more aware of the important bond between humans and their animals. By addressing pet-related issues thoughtfully and proactively, couples can minimize stress for both themselves and their pets during the divorce process.
If you’re facing a divorce and have questions about what will happen to your pet, feel free to reach out to me at Cohen Law. Together, we can work to find the best solution for you and your furry friend.