What Happens to the Family Pet?
Pets are often cherished members of the family. 48.6% of Illinoisans own a pet, and 32.4% of those pets are dogs. In Chicago, there are 22 dogs for every 100 people, making it the highest concentration of dogs in the U.S.
While not the asset with the highest dollar value to divide in a divorce, pets can be a highly emotional issue. While pets were historically treated like personal property—akin to a piece of furniture—the law has evolved in recent years to reflect their importance in our lives.
How Illinois Law Treats Pets in Divorce
Since January 1, 2018, Illinois law recognizes pets as more than just property. Under Section 5/503(n) of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/503(n)), courts consider the well-being of pets when deciding whether one party gets custody. This change allows for the assignment of “ownership” based on the well-being of the animal, rather than simply determining which spouse has a property claim.
Key Considerations for Pet Custody
Is it a Marital Asset: Courts first determine if the pet is marital property pursuant to 750 ILCS 5/503. If yes, the pet can be allocated to one party or to them both, jointly.
Primary Caretaker: Courts will look at which spouse has been the pet’s primary caregiver. This includes tasks like feeding, walking, veterinary appointments, and general care.
Living Arrangements: If one spouse is moving into a residence that’s unsuitable for the pet (such as an apartment with pet restrictions), this may influence the decision.
Children’s Bond with the Pet: Courts may also consider the children’s attachment to the pet, as pets can provide emotional support during the divorce transition.
Potential for Joint Custody: In some cases, spouses can agree to a “pet parenting plan” similar to child custody arrangements. This can involve shared time, responsibilities, and expenses, although Illinois law doesn’t formally require courts to assign joint custody for pets.
What Should You Do If You’re Worried About Losing Your Pet in a Divorce?
Gather Evidence: When was the pet purchased and by whom? If they were purchased during the marriage, document your role as the pet’s primary caregiver. Save receipts for vet bills, grooming, and food purchases.
Consider Mediation: Rather than leaving the decision to the court, try negotiating a solution with your spouse through mediation. This can give you more control over the outcome.
Think Long-Term: Be realistic about who can better care for the pet post-divorce. While emotions run high, the ultimate decision should focus on the animal’s well-being.
Conclusion
Divorces can be hard on everyone, including our four-legged friends. Illinois courts aim to protect the well-being of pets, but it’s important to plan and approach the issue thoughtfully. If you’re going through a divorce and have concerns about your pet, contact me and I can help ensure you reach a fair outcome.
