Dividing up the assets in a divorce can be challenging, especially in an equitable distribution state like Illinois. Deciding who gets the family pet can be one of the hardest parts of the divorce due to the emotional connection people have to their pets.
Are pets considered marital or non-marital assets?
Generally, marital assets, or assets that were acquired during the marriage or with marital funds, are divided fairly and equitably between the two spouses in states with equitable division laws. If the couple cannot come to an agreement as to who gets which assets, the court will determine the best way to divide all marital assets fairly and equitably between the spouses.
If a pet was acquired during the marriage, it will likely be classified as a marital asset. However, even if the pet was acquired by one spouse prior to the marriage, it may still be considered a marital asset if both spouses contributed to the care of the pet during the marriage. These contributions may include providing or paying for food, supplies, grooming, boarding, and medical care.
How will courts determine who gets the pet?
When it comes to children, courts will consider the best interests of the child when making custody decisions during a divorce. Similarly, courts will consider the well-being of the pet when determining who will be awarded ownership of the pet. Courts may consider the following factors when making this determination:
- Each spouse’s emotional attachment to the pet.
- Each spouse’s financial ability to care for the pet.
- Each spouse’s willingness to care for the pet.
- Each spouse’s relationship with the pet/responsibilities with regards to the pet during the marriage.
- Children’s relationship to the pet (if the couple’s children have a bond with the pet, it may be easier for the pet to stay with the children).
Under 750 ILCS 5/503, the court may award sole ownership to one spouse or joint ownership to both spouses. If joint ownership is awarded, both spouses will be responsible for caring for the pet and be given time with the pet.