Creating a pet custody plan during an Illinois divorce can be incredibly complicated, especially when both parties have a strong bond with the animal. For the overwhelming majority of couples in Illinois, pets are more than just property; they are an integral part of the family. However, unlike other states in which courts must treat pets strictly as marital property, the courts have evolved to understand the emotional attachment pets provide, and also the importance of considering the well-being of the animal. As such, if you wish to create a pet custody plan as part of your divorce, the following blog and a Peoria County marital property division lawyer from our firm can help you make one.
How Does Illinois Law Treat Pets During a Divorce?
In Illinois, pets are technically considered marital property. However, unlike other assets in a divorce, the courts are required to consider the well-being of the animal when determining ownership, which considerably changes how disputes regarding ownership of a pet following a divorce are handled.
Under the Illinois Marriage and Dissolution of Marriage Act, the courts must consider the “well-being of the companion animal” when determining how to award ownership. Specifically, 750 ILCS 5/503(n) requires the courts in Illinois to allocate sole or joint ownership after taking the animal’s well-being into consideration during the divorce process
When Is a Pet Considered Marital Property?
- A pet acquired during the marriage is typically considered marital property
- A pet owned before marriage is typically considered separate property
- If marital funds were used for vet care, food, grooming, and other supplies, it can reinforce marital classification
What Does “Well-Being of the Companion Animal” Mean?
- Courts may consider which household will provide greater stability
- The judge can consider daily care routines
- Emotional bonds between the pet and family members may be considered
- The living environment and safety of the home will be considered
- The court’s focus is not solely on the sentimental value, but on the animal’s welfare
How Do Courts Decide Who Keeps the Pet in Illinois?
In the event that a couple cannot agree on how to handle custody of a pet, the court will determine sole or joint ownership in accordance with statutory guidelines and the state’s equitable distribution of marital assets standard. This requirement distinguishes Illinois from states that still treat pets strictly as personal property without consideration of the animal’s welfare.
Key Factors Considered by the Illinois Courts
- Which spouse is the primary caregiver
- Who handles pet-related expenses
- Each spouse’s living arrangement (fenced-in yard, lease allowance for pets, etc.)
- Each spouse’s financial ability to provide long-term care
- Each spouse’s work schedule
- If there are any children involved, what are their emotional ties to the pet are
- Allegations of neglect or mistreatment of the pet or other animals
- The stability of each home environment
The Role of Children in Pet Custody Decisions
- Courts may decide to award pet custody to the parent who receives primary custody of the children
- Judges will consider whether separating the pet from the children will cause distress
- Maintaining continuity in the household can support the pet’s well-being
- These factors are evaluated alongside the overall property division considerations
Can You Share Custody of a Pet in Illinois?
Illinois courts may award sole or joint ownership of a pet. Though true “custody” language relates to child custody terminology, legally, pet ownership aligns with property and welfare considerations.
It’s also important for couples in Peoria to consider whether or not joint ownership of a pet is in the best interest of the animal. Though it can be difficult, some animals may not adapt as well to constant change, while others may endure extreme stress during travel. As such, joint ownership is possible, but may not be ideal for the pet.
When Shared Custody May Work
- Both parties live near each other in Central Illinois
- The pet adapts well to transitional periods
- Communication between spouses is cooperative and cordial
- A structured schedule is feasible
- Both homes are safe and stable
Creating a Pet Custody Plan Outside of Court
In Peoria County, many divorcing couples prefer to negotiate pet custody rather than leave the decision to a judge. If no agreement can be reached, the matter will be decided in the Circuit Court of the Tenth Judicial Circuit, which serves Peoria County and ultimately applies the Illinois divorce statute to local cases.
As such, establishing a written agreement can reduce conflict and tension.
What Should Be Included in a Pet Custody Arrangement?
- Clear designation of primary ownership
- Explicit visitation schedule if the pet will be shared
- How veterinary expenses and other pet-related costs will be shared
- How emergency medical decision will be made
- Transportation for exchanges
- Microchip registration updated
- Relocation and future dispute provisions
Talk to a Peoria Family Lawyer Today
If you have any more questions about how property is separated in a divorce and how pet custody plans can be negotiated in Peoria County or anywhere throughout central Illinois, the team at Butler, Giraudo & Meister, P.C. is ready to represent you. We can help you make a strong case for pet custody. Contact us today to learn how we can fight for you.
