Pets are family too. Here's what Illinois divorce law says about who gets the dog—and why mediation might be your best option.

When couples divorce in Illinois, they often worry most about their children, home, or finances. But for many, a beloved dog or cat is just as emotionally significant. Increasingly, clients ask: “What happens to our pet if we separate?”

In Illinois, the answer isn't as straightforward as you might hope. While the law has evolved to consider the emotional value of pets, courts still treat them as property. However, a 2018 change to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) created new options and challenges.

The Shift: From Property Law to Pet Well-Being

Illinois courts historically followed strict property rules, as seen in the 2015 case In re Marriage of Enders. That appellate decision confirmed that courts cannot order pet visitation or treat animals like children.

But in 2018, Illinois enacted 750 ILCS 5/503(n), allowing courts to consider the well-being of a companion animal when allocating ownership. This only applies if the pet is a marital asset—acquired during the marriage. Pets brought into the marriage or gifted solely to one party remain non-marital property.

What Illinois Courts Can—and Can't—Do

Illinois courts now have the discretion to:

• - Award sole or joint ownership of a companion animal

• - Consider factors like caregiving history and home stability

• - Reference the animal's well-being in deciding where the pet belongs

But courts still cannot:

• - Order visitation or shared custody

• - Modify pet arrangements after the divorce unless part of a contractual agreement

Real-World Trends in Illinois

Across DuPage and Cook Counties, family law attorneys have observed:

• - Some judges weigh caregiving history and emotional bonds

• - Others dismiss pet issues outright as non-essential

• - Judges do not enforce shared time, even by mutual request

This has led to increased use of private agreements and mediation to resolve pet-related issues respectfully.

The Power of Mediation and Custom Agreements

Mediation offers a flexible path when both parties care deeply for the pet. In mediation, you can:

• - Define who is the primary caregiver

• - Agree on shared expenses (vet, grooming, food)

• - Decide how transitions between homes will occur

• - Avoid contested court proceedings

Agreements should use terms like “ownership,” “responsibility,” and “care,” rather than “custody” or “visitation,” to avoid future disputes or enforceability issues.

For Unmarried Couples or Post-Decree Disputes

If you're unmarried or already divorced, Illinois divorce law no longer governs the pet issue. Instead, a replevin action may be necessary. This is a legal claim to recover personal property, and you'll need clear proof of ownership—such as vet bills, microchip registration, or a purchase agreement.

Best Practices for Pet-Related Planning

• - Address pet issues early in the divorce process

• - Use precise and enforceable language

• - Document caregiving and expenses

• - Consider the pet's safety, comfort, and emotional well-being

• - Avoid promising visitation rights that courts can't uphold

Reach Out for More Guidance

While pets aren't treated like children under Illinois law, that doesn't mean your pet's needs and your emotional bond should be overlooked. Through intentional planning, clear agreements, or structured mediation, you can protect your pet's future—and bring clarity to your own.

Ready to plan for your pet's well-being in a divorce or separation? Contact us to learn how mediation or tailored agreements can help you and your companion animal move forward. You can also schedule a free 15 min call with our paralegal or a more in-depth meeting with our attorney and mediator Erin, here.

This post builds on our earlier insights from 2014, 2018, and 2024 as Illinois law and real-world application continue to evolve.