Who Gets Custody Of Fluffy After Divorce?

For many people, a pet isn’t just a possession; they’re a beloved family member. So when a marriage ends, the question of “who gets the dog or cat?” can be just as emotionally charged as any other part of the divorce. While the law has traditionally viewed pets as property, like a car or a piece of furniture, Illinois has taken a more modern and humane approach.

Since a change in the law in 2018, courts in Illinois now have the authority to consider the well-being of the companion animal when deciding who gets to keep it. This doesn’t put pets on the same legal footing as children, but it does mean a judge can now look past simple ownership and into the real-world dynamics of the pet’s life. As our friend Amanda at Flat Fee Divorce Solutions – who is owned by two cats – tells people, this is a significant change that allows for a much more thoughtful approach to what can be a very difficult decision.

The First Question: Marital Or Non-Marital Property?

Before a judge can even get to the “well-being” of the animal, they have to answer a more basic question: is the pet a marital asset?

Marital Property: If you and your spouse bought or adopted the pet together during your marriage, it is generally considered marital property. This means the court has the power to decide who gets it.

Non-Marital Property: If one of you owned the pet before the marriage, or if it was a gift given to only one of you, it may be non-marital property. In this case, the pet would typically stay with the person who owned it before the marriage.

So, if you’re concerned about keeping your pet, you might want to start by gathering any documents that can help establish when and how the pet became a part of your family.

How A Judge Decides What’s Best For The Pet

If the pet is considered marital property and you and your spouse can’t agree on who gets to keep it, a judge will step in to make the decision. They’ll look at a variety of factors to determine what’s best for the pet’s well-being. This is where the emotional connection and daily routines really matter. A judge may consider:

Primary Caregiver: Who has been the main person responsible for the pet’s day-to-day needs? This includes feeding, walking, grooming, and providing exercise.

Financial Responsibility: Who has paid for the pet’s expenses, such as vet bills, food, toys, and grooming?

The Living Environment: Which spouse has a living situation that is better suited for the pet? For example, a house with a yard might be better for a high-energy dog than a small apartment.

The Emotional Bond: Does the pet have a stronger bond with one spouse? This is often shown through photos, videos, and witness testimony.

Relationship With Children: If there are children involved, the judge may also consider which parent the children will primarily live with and whether keeping the pet with them would be in the best interest of the children.

History Of Abuse Or Neglect: A history of any kind of mistreatment of the animal would be a significant factor in a judge’s decision.

The Option Of Shared “Custody”

While the law doesn’t use terms like “custody” or “visitation” in the same way as it does for children, judges do have the power to award “joint ownership and responsibility.” For a pet, this can look a lot like a shared custody schedule, where the pet splits time between both homes. This can work well for couples who are able to be amicable and cooperate, and for pets who are adaptable. However, for pets who thrive on stability, a judge might decide that a single, permanent home is better for their well-being.

Finding A Solution Outside Of Court

Fighting over a pet in court can be a long and expensive process. This is why many couples, often with the help of a family lawyer or a mediator, try to work out a private agreement. This can be as simple or as detailed as you want it to be. A good pet agreement might outline:

Who will have the pet on what days.

Who is responsible for vet visits and other care.

How expenses for food, vet care, and grooming will be split.

What happens if one person needs to move.

An agreement gives you and your ex the power to create a solution that works for everyone, and most importantly, for your furry family member.

When it comes to divorce, pets are no longer just another item on a list of assets. By understanding how the law works and focusing on what’s best for your pet, you can make sure that your best friend ends up in a loving and stable home, no matter how the rest of your divorce plays out.