Determining pet custody is complicated in a divorce because it involves aspects of the division of marital property and traditional custody concerns. Illinois’ divorce laws define pets as property, which can be marital or non-marital depending on when ownership started. However, most owners think of their pets in a way that is similar to children. A new Illinois law, going into effect at the start of 2018, changes how pet ownership is treated in a divorce to more closely align with how many owners think of them. Pets are a responsibility that can be shared between divorcing spouses, instead of merely a property that one party gets to keep.
Terminology
The law introduces terms that are important to understanding the nature of pet custody during a divorce: