What is Pet Custody in Illinois?

June 16th, 2025 by Tiffany Hughes

Most people think of their pets as family members whom they deeply love. However, when spouses decide to get a divorce, there can be contentious fights over who will get to keep their family pet. While courts used to consider pets as “property” or a “marital asset” or “non-marital asset” when dividing up assets in a divorce, like a car or a house, the laws have recently changed regarding the legal classification of pets in Illinois.

What Determines the Ownership of a Pet in Illinois?

For pets in an Illinois divorce, the Court is only able to determine ownership of a pet that is considered a “marital asset”, but not a pet considered a “non-marital asset”. Under pet custody law, in order for a pet to be considered a “marital asset” the pet must have been acquired during the marriage. If one spouse had a pet prior to the marriage, then that spouse will be granted full ownership of their pet.

Beginning January 1, 2016, the State of Illinois amended Section 503(n) of the Illinois Marriage and Dissolution of Marriage Act to the new pet custody law, which states as follows:

“(n)      If the court finds that a companion animal of the parties is a marital asset, it shall allocate the sole or joint ownership of and responsibility for a companion animal of the parties. In issuing an order under this subsection, the court shall take into consideration the well-being of the companion animal (excluding service animals).

While service animals are not covered by the pet custody law as they are specifically excluded, the term “companion animal” is quite vague and could mean a wide variety of animals.

Illinois Courts are now able to provide one spouse with sole ownership or both spouses with joint ownership of pets for the duration of a pet’s life. This means that one spouse is able to petition the court in order to obtain custody of a pet in Illinois. The new law allows a Judge to make a determination of the well-being of the pet and take the pet’s well-being into consideration when making a ruling on the ownership of said pet. If the Court determines that both parties have joint ownership of a pet, the Court has the authority to grant a visitation schedule between the parties. The Court also has the authority to divide the fees and costs associated with ownership of the pet between the parties.

What If My Spouse Has Been Abusive or Endangered Our Pet?

If your spouse has been abusive or endangered your family pet, and you are in a divorce proceeding, you can file the appropriate petition in Court requesting full ownership to obtain custody of your pet in Illinois. If you are not presently engaged in a divorce proceeding, the Illinois Domestic Violence Act of 1986 allows a Judge to award temporary legal custody of a pet to one spouse if it can be proven that the domestic abuse towards the spouse or partner is also a danger to the animal.

Need More Information or Representation?

If you are thinking of obtaining custody of your pet in Illinois, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in providing legal representation to anyone who wants to know more about pets in an Illinois divorce, the legal classification of pets in Illinois, joint ownership of pets, marital assets vs. non-marital assets, pet custody law, animals not covered by the pet custody law, determining the well-being of a pet, factors that determine the ownership of a pet in Illinois, and other matters involved in obtaining custody of your pet in Illinois.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.