Redefining the Term "Catfight": Pet Custody in Illinois Divorces Proceedings

 Posted on November 07, 2025 in Divorce

Divorce is never easy, but when our beloved pets become involved, emotions run even higher. For many of us, pets are more than just animals that happen to live with us – they’re family. But what happens to your furry friend when your marriage ends? Let’s break down how pet custody works in Illinois, what the law says, and what to expect if you’re facing a situation where the "custody" of your pet is at issue.

A Shifting Perspective on Pets: From Property to Companions

Historically, pets in divorce proceedings have been treated like property, similar to a car or an antique dining set. Courts would simply assign ownership based on who purchased the animal and when or how it was acquired, often ignoring the emotional attachment between pets and their owners and the needs of the pet. However, which spouse gets to keep the beloved family pet has become an increasingly prevalent issue in divorce actions.

In response to the rigid and outdated "pets are property" approach, Illinois lawmakers have introduced a groundbreaking change to pet custody laws, which allows courts to consider the "well-being of the animal" when deciding who gets custody of a pet in a divorce, not just whose name is on the adoption papers. This doesn’t mean pets are treated as if they’re your human children, but it is a significant shift from the former approach which equated your pet to a piece of furniture.  

Judges in Illinois can now consider the following factors when making a determination related to pet custody: 

1. Who is the primary caregiver? Are you the one feeding, walking, playing with, and taking Clifford to the vet? Are you cleaning up after him and paying his vet bills? If so, that could weigh in your favor.

2. Who is more emotionally bonded? A judge may consider which spouse has a stronger attachment to or relationship with the pet.

3. What is your living situation? Does one spouse have a yard while the other lives in a tiny apartment with a questionable pet policy? Practical considerations matter.

4. What are the needs of your pet? If your antisocial cat or nervous rescue dog thrives in a quiet home and your ex is a party animal, that might tip the scales in your favor. Think of what’s best for your pet, not just yourself.

It is important to note that the "well-being" analysis only applied to marital pets, or pets acquired during the marriage. Non-marital pets are acquired prior to getting married. If, for example, you decide to adopt Fluffy three years before getting married, you have a strong claim that she is and should remain your separate, non-marital property. If you can establish the date of adoption, purchase, or rescue, whether through adoption papers, vet bills, or photos on social media, you shouldn’t have to prove any of these factors as the court does not have jurisdiction to award your pet to your spouse.

Joint Custody: Can You Share Your Pet?

Here’s where things can get interesting (or messy). Illinois law allows courts to order "joint custody" of a pet, much like when courts allocate parenting time for minor children in a divorce.  It’s not common, but it’s still an option if both parties agree or if the court thinks it’s workable to spend Mondays with mom and Tuesdays with dad. It is important to remember that this is uncommon for a reason, namely that people litigating over their animals are typically not in a position to get along to care for a pet. However amicable things may seem, coordinating with your ex-spouse to schedule doggy playdates and having frequent meetups at your local park for exchanges of your pet for the foreseeable future isn’t always smooth sailing for you or your pet.

How It Plays Out in Court

If you and your spouse can’t agree on who gets the pet, the issue might end up in front of a judge. Be prepared to make your case. You will want to gather and bring evidence like vet bills, adoption papers, or even photos showing you’re the primary caregiver. Testimony from friends or neighbors about your bond with the pet could help too. In rare instances, a court can even appoint a guardian ad litem for your pet.  Just remember, the judge’s goal is not to punish anyone, but to figure out what’s fair and best for your animal companion.

Final Thoughts

Legalities aside, losing a pet in a divorce can feel like losing a piece of yourself. It’s okay to grieve that bond, whether you end up with custody or not. For now, Illinois pet owners can take comfort in knowing that the law looks beyond a mere balance sheet of assets to acknowledge the bond between pets and their owners. Whether it’s a loyal dog, a playful cat, or a cuddly iguana, the law is on your side now more than ever before.  Please contact our attorneys at 630-407-1200 or www.dupagedivorcelawyers.com for a free consultation today.