How Do Illinois Property Division Laws Affect Pets?

 Posted on October 17, 2023 in Family Law

Everyone knows that a divorce can seriously affect the spouses and the children, but what about pets? In most homes, pets are not considered property but family. Your little furry friends mean more to you than their purchase price, and as such, you would want the same consideration in a divorce hearing. A compassionate and knowledgeable attorney can answer any concerns you may have regarding your pets and help see that they are in the care of the right party after a divorce.

Who Gets Ownership?

Determining who gains pet ownership in a divorce can be tricky and will require gathering evidence to support your claims. A pet that was purchased or adopted should contain a paper trail showing proof of ownership. Pet adoption shelters and rescues should have provided the owner with an adoption packet at the time the pet was retrieved. Proof of ownership for pets purchased by a third party before marriage could use veterinarian records to help establish a timeframe.

Other evidence that could help your case is proving that you are the pet’s primary caregiver. Documentation such as videos, receipts, and photographs can be used in determining a pet’s ownership in court. A judge could see this evidence and conclude it is in the pet’s best interests to remain with the spouse.

Is My Pet a Marital Asset?

Before 2018, pets were automatically considered property in the same way as a retirement account or home. Since the pet-centric additions were made to the Illinois Marriage and Dissolution of Marriage Act, the court will consider the well-being of the companion pet when determining joint or sole ownership.

Pets purchased or adopted by one spouse before a marriage takes place will often be considered by the court as separate property. The same can be said if the pet was gifted to that spouse. In contrast, a pet purchased or adopted during the marriage may be considered marital property and be divided similarly to that of a child.

How A Pet’s Well-Being is Determined

A pet considered a marital asset must be divided into either a sole or joint ownership decision. The court will take into consideration many factors to determine what it feels is the best interest of the pet. This is usually decided on who is considered the pet’s primary caregiver. One spouse who consistently, and for the majority, provides the pet with food, attention, and exercise is looked at as the primary caregiver. Evidence to support these claims may likely be necessary to secure this decision.

Other factors that go into determining a pet’s best interests include:

• If one spouse is absent more often from the home for work or travel purposes 
• Which of the spouse’s homes is a more suitable environment for the pet
• How it would affect any children involved

Joint ownership is still a possibility so long as the court sees it as in the best interest of the pet. Pet owners who advocate for joint ownership have a better chance of bringing about this ruling. Service animals are not considered marital property as outlined in the Humane Care for Animals Act.

Contact a DuPage County, IL Divorce Lawyer

Pet parents sometimes worry about their pet’s outcome in the event of a divorce. The worry is understandable and can be relieved by an experienced Hinsdale, IL divorce attorney. The Law Office of Martoccio & Martoccio will provide a free consultation to discuss your marital property issues, including pets, and how best to approach this delicate situation. Call 630-920-8855 right now to set up your appointment.