Are Pets Property or Part of the Family During an IL Divorce?

 Posted on December 13, 2024 in Family Law

At least 62 percent of Americans own a pet, and about 35 percent have more than one pet. A whopping 95 percent of those with pets said they consider their pets a part of their family. While many of us consider our pets a part of the family, up until 2018, Illinois considered pets exclusively as property during a divorce. Like a piece of furniture, the rules that applied to the division of property also applied to pets.  

As of January 1, 2018, Illinois family court judges were given the authority to consider the well-being of pets during a divorce, although they are still legally considered property. If you and your spouse disagree about where your pets will live after the divorce, speaking to a knowledgeable Wheaton, IL divorce attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC can be helpful. There are a number of factors a judge may now consider concerning pets.

What Are the Factors a Judge May Consider When Determining Who Will Keep the Family Pet?

Since every situation is different, a judge may consider the following factors when deciding which spouse will keep the family pet:

• Did one spouse have the pet prior to the marriage, or was the pet acquired during the marriage by one or both spouses?

• Was the pet a gift to one or both spouses or was it a gift to the couple’s child?

• Which spouse (or child) does the bulk of the day-to-day care for the pet, like feeding, watering, walking, and cleaning up after it?

• Which spouse typically pays for veterinary expenses when they arise?

• Which spouse typically pays for the pet’s food, bedding, toys, collars and leashes, etc.?

• When daycare or boarding is necessary for the pet, who pays for those services?

• Who pays to have the pet groomed?

Since the court will always consider the best interests of the child, if a pet belongs specifically to a child, and one parent has the majority of parenting time, the court may decide that the pet should stay where the child is most of the time. The rights of the pet never supersede the rights of a child, but the court can consider the pet's well-being as it relates to the child's well-being.

Transitioning from a two-parent household to two one-parent households is a huge adjustment for most children. The presence of the child’s pet can help the child cope with the many changes. If the pet does not belong specifically to a child or the couple does not have children, then the pet's health, age, and well-being can be considered.

For example, if the pet is older and shared "custody" could place undue stress on the animal, then a judge might decide to award custody to one spouse. There is also the question of which spouse is willing to take on the financial burden of the pet and whether that burden should be shared if the other spouse has the right to "visit" the pet.  

Determining a Pet’s Well-Being When Domestic Violence Has Occurred

Previous domestic violence claims in the marriage make a divorce much more complex. Since 71 percent of domestic abusers also abuse the family pet, it is important that the judge is made aware of any abuse perpetrated on the pet by the other spouse. An abuser may try to convince the judge to allow the pet to remain with him or her as leverage against the other spouse or a child. It is important in this situation to let the judge know that the pet was also abused.

Contact a DuPage County, IL Divorce Lawyer

It can be devastating for a beloved pet to be awarded to a spouse who may not properly care for the animal. This situation can benefit from having a knowledgeable Wheaton, IL divorce attorney from MKFM Law. For your convenience, we serve family law clients at our offices in DuPage, DeKalb and Kane Counties. Contact Mirabella, Kincaid, Frederick & Mirabella, LLC at 630-665-7300 today to schedule an initial attorney meeting to discuss your divorce issues.