Many couples treat their pets like family, but the law doesn’t necessarily agree. During a divorce, the question of who gets to keep a pet can become a major point of contention. The answer often lies in how courts classify pets.
Pets as property
In Illinois, courts classify pets as property in a divorce. This means that spouses divide pets like any other asset, such as a car or a piece of furniture. Judges often consider which spouse purchased or cared for the pet when making decisions. However, this classification ignores the emotional bond between the pet and the owners.
Factors influencing pet ownership
Although courts see pets as property, judges may consider certain factors when determining who keeps a pet. They look at who primarily took care of the pet, including feeding, veterinary visits, and daily walks. If children are involved, the court may decide that the pet should stay with the spouse who has primary custody of the children to maintain stability for both the children and the pet.
Pet custody agreements
Some couples create their own pet custody agreements outside of court. These agreements outline shared custody arrangements or visitation schedules, similar to those used for children. An agreement can help reduce conflict and ensure that both parties maintain a relationship with their beloved pet.
Legal considerations for pet ownership
If keeping a pet is important, gather evidence to show involvement in the pet’s care, such as receipts for veterinary visits or records of adoption. Working with an experienced divorce attorney can also help present the case for pet ownership during the divorce proceedings.
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