How Can I Keep My Dog if We Get Divorced?

 Posted on May 12, 2025 in Divorce

Divorce is often a painful process, not only for the couple involved, but for everyone — and everything — caught in the middle. This includes the family dog. If you are going through a divorce in Illinois and want to keep your dog or another pet, the law has evolved in ways that may help you. However, success is not automatic. You must be prepared to show the court why your continued care of the pet is appropriate, fair, and in the pet’s best interests.

This blog will explore how Illinois courts now handle pets in divorce, how to demonstrate your connection to the animal, and how to respond if your spouse is acting in bad faith. When working with clients dealing with complex property division issues involving pets, our Illinois divorce attorneys will also examine practical concerns such as expenses, gifting, and the role pets play in children's emotional lives.

How Illinois Courts Used to Handle Pet Custody

For many years, Illinois law treated pets strictly as personal property. Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), marital property must be divided equitably. For pets, this meant they were essentially treated like furniture or bank accounts.

This approach ignored the emotional bond between owners and pets and failed to account for the animal’s well-being. If one spouse purchased or adopted the dog during the marriage, the court could award the pet to either party based on the equitable division of assets, without considering affection, routine care, or daily companionship.

How Illinois Law Handling Pets in Divorce Has Changed

The law regarding the management of pets during divorce changed in 2018. Under 750 ILCS 5/503(n), Illinois courts now have the authority to consider the well-being of companion animals when determining possession during a divorce. The statute reads:

"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 the companion animal. In issuing an order under this subsection, the court shall take into consideration the well-being of the companion animal."

This means that if the dog is considered a marital asset and not owned by either spouse separately, the court can determine which spouse should keep the dog based on who has been the primary caretaker, who can provide stability, and what arrangement would serve the pet’s emotional and physical needs.

What Does the Court Consider When Deciding Pet Possession?

Judges in Illinois now use a form of "pet custody" analysis that looks at practical and emotional factors. You may need to provide evidence regarding:

• Who has been feeding, walking, grooming, and taking the dog to vet appointments

• Who has the financial means and schedule to care for the dog going forward

• Who the dog is more attached to

• Whether one party has neglected or mistreated the pet

• Whether the dog plays a role in the emotional well-being of the children

The law does not require the court to order joint possession, but it can if both spouses request it and the circumstances support it.

How Can I Prove a Dog Was a Gift so I Can Keep it in a Divorce?

If the dog was given to you as a personal gift — for example, on your birthday, or as an anniversary present specifically to you — it may be considered non-marital property. This could mean you retain ownership of the pet outright, even if the dog was acquired during the marriage.

To prove the pet was a gift, you can submit evidence showing the pet was a surprise or gift specifically for you. This may include cards, texts, photos or videos, witness testimony, payment records, and more. Even in this scenario, you must still be prepared to care for the dog. Courts do not typically allow a party to "win" possession of a pet if they are unable or unwilling to maintain its well-being.

What If My Spouse Is Acting in Bad Faith About Our Pet in a Divorce?

It is unfortunately common for one spouse to try to use the family dog or other pet as leverage in the divorce. This might involve demanding the dog’s possession in exchange for other terms or expressing interest in the dog purely to upset the other person. When this happens, the court may view the behavior as manipulative and weigh it against that party’s credibility.

If you suspect your spouse is making a claim to the dog simply to cause you pain, you should document any relevant communications that show they previously showed little interest in the animal or expressed willingness to part with the pet. You can also point to patterns of neglect or disinterest to show their claim is not genuine.

How Are Expensive Pets Handled in a Divorce?

In many households, pets like horses or competition dogs come with substantial costs, including not only food and grooming but veterinary care, training, boarding, and specialized needs. In these cases, pets may straddle the line between emotional support animals and valuable property. If one spouse has consistently borne the costs and responsibility for caring for a pet, that can demonstrate financial commitment and responsibility and increase the odds of that spouse being allowed to keep the pet in a divorce. 

To keep an expensive or valuable pet in your divorce, you may need to show evidence that you not only know how to care for the pet but can afford to do so. This may include providing vet records that demonstrate you are the primary caregiver, credit card or bank statements detailing purchases and expenses for the pet, insurance policies for the pet with your name on them, or training/boarding contracts in your name. You may also provide photos or testimony that you are the pet’s primary caregiver. 

What If the Children Are Attached to A Family Pet?

Illinois courts prioritize the best interests of children in custody decisions, and that same logic may indirectly apply to pets. If the family dog plays an emotional support role or provides stability for the children during a difficult transition, a judge may factor that into the decision about who keeps the pet.

For example, if the children are living primarily with you and have a strong bond with the dog, it may not serve the children’s emotional well-being to remove the pet from their daily lives. Your attorney can frame this argument in a way that shows alignment between the children’s stability and the pet’s continued presence. 

Some couples decide that family pets will move from household to household along with the children. This can provide children with continuity and comfort, but can present an additional logistical issue for parents. One of the most important concerns when courts are deciding whether to approve a proposed child custody plan is the plan’s feasibility. This also could apply to the treatment of a family pet. If parents get along fairly well and can manage logistical issues without getting into arguments in front of their kids, a flexible arrangement that attaches the family pet to parenting time could be approved. However, if parents tend to bicker over small disagreements – especially in ways that could expose children to constant parental conflict – judges may opt for a simpler plan that minimizes the chances of conflict. 

Can We Share the Dog After Divorce?

Some divorcing couples are open to sharing possession of a pet, similar to a child custody schedule. While not always practical, joint pet arrangements can work in cases where:

• The spouses remain on good terms

• They live relatively close to each other

• The dog is emotionally bonded to both parties

• The pet adjusts well to new environments

Shared pet schedules are not guaranteed to be enforced by courts unless written into the divorce decree. However, if both parties agree, they can create a legally binding agreement that includes transfer dates, shared expenses, and dispute resolution terms.

Are There Risks to Sharing a Dog After Divorce?

While joint possession may sound like a fair solution, it does not always work in practice. Problems can arise if one spouse fails to uphold their end of the agreement, refuses to return the dog on schedule, or treats the pet in a way that raises concern. There may also be disagreements over veterinary care, grooming, diet, or even the pet’s name.

Without a very clear and enforceable agreement, ideally created with the help of attorneys, joint pet custody can quickly lead to new sources of conflict. This is especially true if the divorce itself was high-conflict or if there is lingering animosity.

If you are considering a shared arrangement, be realistic about your ongoing ability to communicate and compromise. In many cases, sole possession with visitation (or occasional meet-ups) may provide more peace of mind for both parties and more stability for the dog.

Can I Keep My Registered Support or Service Animal in a Divorce?

In some cases, a dog is more than a pet; it is a registered emotional support animal (ESA) or service dog. If you have documentation from a licensed mental health provider or medical professional that identifies the dog as necessary for your emotional or physical health, that can significantly strengthen your claim to keep the animal.

Service dogs, which are trained to perform specific tasks for people with disabilities, are often protected by federal law under the Americans with Disabilities Act. Emotional support animals, while not granted the same rights in public spaces, may still be considered an extension of the owner's health care regimen. If your dog provides comfort for diagnosed anxiety, PTSD, or depression and you have medical documentation proving it, the court may be more inclined to award you possession based on necessity rather than preference.

Can Mediation Help Resolve Disputes Over Pets?

In Illinois, mediation is often used to resolve disputes before going to trial, and this includes disagreements over pets. A trained mediator can help both spouses explore creative solutions, such as staggered visitation, seasonal arrangements, or cost-sharing agreements. While not every case lends itself to compromise, mediation offers a less adversarial space where both parties may feel more heard.

Even if mediation does not produce an agreement, it can clarify each spouse’s position and reveal underlying issues that might otherwise complicate a trial. If you feel strongly about keeping your dog, a mediator may help convey that in a way that defuses tension and opens up other areas of settlement flexibility.

Contact an Elmhurst, IL Divorce Attorney

If you are worried about losing your dog during your divorce, you are not alone and you are not powerless. Illinois law now allows courts to consider a pet’s well-being, not just who paid for it. With the right legal guidance and a carefully built case, you can show the court that keeping your dog is best for both you and the animal.

Contact a DuPage County, IL divorce lawyer at Weiss-Kunz & Oliver, LLC to schedule a consultation. Our experienced team understands how important your pet is to your life and your family. Call 312-605-4041 today to get the advocacy and support you need during this process.