When spouses divorce in Illinois, deciding who will keep the family dog, cat, or other beloved pet can be a contentious issue. Many people consider their pets to be important and beloved members of their family, but under Illinois law, animals are treated differently than children in divorce proceedings. Our Wheaton, IL divorce attorneys are here to help you understand how the law applies to pets in a divorce. Beyond that, we will help you prepare for the overall process, including any other issues that need to be addressed.
How Are Pets Treated in Illinois Divorces?
Under Illinois law, pets are legally considered personal property. This means that, like cars, furniture, or bank accounts, pets are subject to property division during a divorce. However, Illinois has taken steps to recognize the special place pets hold in families. As of July 2025, the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/503(n)) continues to allow courts to consider the well-being of companion animals when determining ownership in divorce cases.