Can a Judge Order Me to Share My Pet in a Divorce?

 Posted on August 22, 2025 in Divorce

Many divorcing couples find themselves more conflicted about their dog than about bank accounts or household furniture. A pet often feels like part of the family and is not a piece of property to be divided or negotiated over. Recognizing this, Illinois courts treat companion animals differently from other property when dividing marital assets in a divorce.

So, can a Judge order you to share your dog? The answer is yes, but you need to know that the law frames pets in divorce in terms of ownership and responsibility rather than custody.

As of August 2025, Illinois law under 750 ILCS 5/503(n) continues to allow a Judge to award either sole or joint ownership of a companion animal bought or adopted during the marriage. The Court must consider the animal’s well-being when making this decision, which means neither spouse may get exactly what they want. If you are getting divorced and feel strongly about keeping your pet with you, talk to our Mt. Prospect, IL divorce attorney to understand what your options are.

What Does Illinois Law Say About Pets in Divorce?

The Illinois Marriage and Dissolution of Marriage Act sets the rules for property division when couples divorce. Section 503 deals with marital property, and subsection (n) specifically addresses companion animals (as opposed to service animals, which are treated differently than pets). The law states that if a pet was acquired during the marriage and is not a service animal, the Court will allocate ownership of the animal, considering its well-being.

This means a Judge may give one spouse sole ownership of the dog or give both spouses joint ownership and responsibility for the dog. Joint ownership does not mean the same thing as child custody arrangements. There is no parenting plan or visitation schedule mandated by statute. Instead, the Court can order both spouses to share responsibility for care, costs, and decision-making for the dog.

Do Dogs Count as Property or Family in a Divorce?

Illinois law recognizes pets as a unique category. They are still technically property, but they are property with special consideration. Unlike a car or piece of furniture, what is good for a pet is factored into the Court’s decision. This is why the statute requires the Judge to consider the animal’s well-being.

Other states treat pets strictly as property with no consideration for their interests. Illinois has taken a step forward in acknowledging the emotional and practical realities of life with pets.

Some households have more than one dog, or dogs plus cats or other animals. The Court has the authority to divide ownership of multiple pets in whatever way it considers appropriate. For example, one spouse may keep the dog while the other keeps the cat. Or, if the pets are bonded, the Judge may decide they should remain together in one household.

Can a Judge Really Make Me Share My Dog?

The Court really can make you share your dog, but that power is not always exercised in practice. Judges often prefer clear, practical orders that will be easy to enforce. Awarding sole ownership to one spouse tends to reduce conflict and the likelihood of future arguments. But if both parties have strong arguments for why they should remain part of the dog’s life, a Judge may include an order requiring some form of shared responsibility.

How Do Judges Decide Who Gets the Dog in a Divorce?

When dividing marital property, Illinois is an "equitable distribution" state. Property is divided fairly, though not always equally. With pets, the Court considers additional factors, such as:

• Who primarily fed, walked, and cared for the dog.

• Who paid for veterinary care, food, and supplies.

• Which spouse has the living situation best suited for the dog’s well-being.

• Whether there is a strong emotional connection between the dog and minor children.

If children are involved, the Judge may lean toward awarding the dog to the spouse who has primary parenting time. The reasoning is that continuity in the child’s bond with the dog supports the child’s best interests.

What If Our Dog Belonged to One of Us Before the Marriage?

The statute only applies to companion animals acquired during the marriage. If one spouse owned a dog before the marriage, the dog is probably considered non-marital property. In that case, the spouse who originally owned the dog will keep it, unless he or she voluntarily agrees otherwise.

This rule can feel harsh to the other spouse who formed a strong bond with the dog. Still, Illinois law protects pre-marital property from division, and pets are no exception.

Can Spouses Work Out Their Own Pet-Sharing Agreement?

Some divorcing couples sign agreements that look very much like child custody schedules, spelling out pickup and drop-off times, holidays, and veterinary decisions. While the law does not require such detail, the Court will generally approve an agreement if it is voluntary and does not create ongoing conflict.

Only if negotiations fail will a Judge decide what to do about a family dog. The Court’s goal is not to reward one spouse or punish the other. Instead, the Judge will focus on what arrangement best ensures the dog’s care and well-being.

How Can a Lawyer Help in a Pet Dispute?

The truth is that most divorces involving pets do not get to the point where spouses are arguing in front of a Judge about what to do about their pet. Divorces that are litigated in Court usually reach that point because spouses are unable to agree about other important things, or there is abuse, neglect, or other serious issues at play.

Whenever possible, Judges encourage divorcing couples to create agreements without Court intervention. At The Law Office of Nicholas W. Richardson, P.C., we can negotiate for access to your pet in mediation or with your spouse’s attorney. If necessary, however, we are willing to show evidence in Court that highlights your bond with the dog and your role in its care. This may include veterinary receipts, testimony from neighbors or family, or photographs showing your daily involvement in the dog’s life.

Contact a Mt. Prospect, IL Divorce Lawyer

If you are going through a divorce and are worried about who will keep the family dog, you do not have to face these questions alone. Contact a Northwest Cook County asset division attorney at The Law Office of Nicholas W. Richardson, P.C. by calling 847.873.6741. Our firm offers free consultations and can help you protect your rights while pursuing a fair resolution for this and every other part of your case.