For many people, the loss of a pet would be devastating. There is no disputing the real emotional attachment that can occur between animals and the humans in their care. family pets add positivity, if not true happiness and support, for many of us. I know this from first-hand experience. In our family, Reesie, a 14-year-old terrier mix, is a member of our family, he’s not just a dog.
As a practicing family law lawyer, the question of “who gets the dog” in a divorce is oftentimes more important to the inquirer than the allocation of the heirloom china from Aunt Ginny and, in my opinion, it should be.
In January 2018, the Illinois legislature amended the statutes to include language specific to the pet (a/k/a “companion animal”) question. The relevant statute states:
(n) If the court finds that a companion animal of the parties is a marital asset, it shall allocate the sole or joint ownership of and responsibility for a companion animal of the parties. In issuing an order under this subsection, the court shall take into consideration the well-being of the companion animal. As used in this Section, “companion animal” does not include a service animal as defined in Section 2.01c of the Humane Care for Animals Act. [750 ILCS 5/503(n), West 2022]
property acquired during a marriage is typically considered marital property, with some exceptions, such as when a party receives an inheritance or a party comes into the marriage with property that is not commingled with marital property during the marriage.
In situations involving pets, if a person came into a marriage with their dog and later divorces their spouse, the original pet owner, in all likelihood, is going to be allocated their dog in the divorce. The dog is non-marital (or pre-marital) property that should be allocated to the original owner. By comparison, my husband and I were married at the time we adopted Reesie 14+ years ago. If we decided to dissolve our marriage and there was a dispute over “who gets Reesie” as part of the property division in the divorce, the Court would first address the marital/non-marital status of Reesie. In my case, there could be no denying that Reesie is a marital asset.
If a family pet is determined to be a marital asset, the next question to consider is whether there will be joint ownership or, should one of the parties be allocated sole ownership? If my husband and I both wanted sole ownership of Reesie, the Court would need to determine whether one of us should have sole ownership. The statute requires the Court to consider the
well-being of the animal in these instances and may consider some of the following factors:
- who feeds the dog and makes sure its water bowl is full on a daily basis
- who walks the dog
- who plays with or spends time with the dog
- who takes the dog to the vet, keeps track of his shots and vaccinations, gives the dog its medicine
- who bathes, brushes, grooms, and/or takes the dog for its grooming
When joint allocation of ownership of the pet is the answer, the law allows agreements regarding possession and care. In many cases, these agreements include the allocation of expenses, visitation schedules, or even arrangements similar to parenting time with children in which the family pet will live with each party on certain days. [These types of agreements are often called
Companion Animal Ownership Agreements and are noted as a necessary part of a
joint simplified dissolution of marriage for couples who have pets.]
My advice to clients who inquire into pet partitioning is to be practical about it. Who is the one who has the history of caring for the family pet during the marriage? Do you (the client) have the time to give to the pet after the divorce is finalized? If you do not have the benefit of another individual in the home who can assist with caring for the pet and you travel for work, does it make sense and is it fair to the pet, for you to be allocated sole ownership of the pet?
Shared family pet time, especially when there are children involved, makes the most sense. Transfer the pet with the children so that the companion animal stays with the children at all times. Divorce is hard enough on children without also limiting the time they are able to spend with one of their
best friends.
If you are considering initiating a dissolution of marriage and have questions regarding your family pet, the division of the marital estate generally, or other topics relating to divorce, please reach out to the lawyers at Lavelle Law. We can assist you with your case.
Should you have additional questions regarding the subject matter hereinabove, please call 847-705-7555 or email Attorney Annette K. Corrigan at
[email protected] to schedule your free and confidential one-hour consultation to discuss your options.
*Please keep in mind that every dissolution matter is different, and the parties’ particular circumstances or agreements can lead to vastly different outcomes than what this article outlines.
