Who gets the family dog in a divorce?

On Behalf of | Oct 3, 2024 | Divorce

Deciding who keeps the family dog during a divorce can be a difficult and emotional process. Understanding how the courts evaluate these situations can help divorcing couples better navigate the process and make informed decisions regarding their pets.

Pets as marital property

Illinois courts divide ownership of any pets like they do any other assets acquired during the marriage. If one spouse owned the dog before marriage, they are more likely to retain ownership as the marriage ends.

Under the Illinois Marriage and Dissolution of Marriage Act, pets are categorized as property, but recent amendments are helping to change these views and how the court decides ownership.

The “best interests” of the pet

In 2018, Illinois courts began considering a pet’s best interests when deciding custody. Judges now look at who provides better care and can meet the dog’s needs. The same amendments to the Illinois Marriage and Dissolution of Marriage Act give judges the discretion to decide pet custody based on the pet’s well-being, not just ownership. 

Courts review factors like who cares for the dog, has more time, and can provide a stable home. They also consider financial ability to care for the pet.

A thoughtful decision

When deciding on pet custody as a marriage ends, it’s important to carefully consider long-term plans and potential lifestyle changes. Both parties should communicate openly about what’s best for the dog, keeping in mind future responsibilities and commitments. This approach can lead to an outcome that supports both the family and the pet moving forward.