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Who keeps a family pet after a divorce?

On Behalf of | Jan 18, 2025 | Family Law

People contemplating divorce in Illinois often have many questions about the process. They aren’t sure what may happen with their property or with their children.

For others, the main concern is what might happen with their pets. People love their cats, dogs and other companion animals. They may view them as part of their family. It is only natural for people preparing for divorce to worry about what might happen to the pets that they share with their spouses.

How do the family courts address shared animals when spouses divorce?

Pets are part of the marital estate

Given the emotional investment that people make in their pets, they may hope to ask the courts for shared custody. Unfortunately, state statutes do not currently include any provisions for that approach.

Family law judges have very full schedules. They cannot devote their time to analyzing the best interests of an animal in the same manner that they review contested child custody cases. As such, they treat pets as property.

One spouse receives the pet, and the value of the animal affects the rest of the property division process. Pet owners do have the option of reaching amicable arrangements with one another. They can negotiate their own terms for shared pet custody or visitation. However, the family courts are unlikely to take any steps to enforce those agreements should disputes arise in the future.

People with pets often need to think carefully about their priorities as they prepare for a pending divorce. Learning more about the rules that apply during divorce can help people know what to expect from the process.

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