If you share a pet with a spouse or partner and are facing a divorce or separation, a new Illinois law may affect how courts will handle disputes over who gets to keep your animal. On May 19, 2026, The Illinois General Assembly passed HB4540, known as the Companion Animal Custody Equity Act. The act aims to create guidelines for the sharing of pets by unmarried couples, domestic partners, cohabitants, or roommates, but has the potential to affect pet custody for divorcing couples, as well.

What the Law Did Before

The Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) has codified rules for the sharing of pets at divorce. 750 ILCS 5/503(n) states as follows:

“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.”

For unmarried couples, cohabitants, and roommates, there were previously no statutory bases to dispute the ownership of a shared pet outside of regular property claims.

What Has Changed

The Companion Animal Custody Equity Act has now codified a separate means by which unmarried couples, cohabitants, and roommates may contest the ownership of a shared pet. The Act notes and adopts the IMDMA’s standard that the court should consider the “well-being” of an animal in considering its ownership.

The Act goes one step further, however, by adding a new statute (35ILCS5/19-130) which sets forth factors for the court to evaluate in determining the “well-being” of an animal:

  • Who handled daily caregiving, feeding, grooming, vet appointments, and training;
  • Each party’s financial contributions to the animal’s care;
  • The emotional bond between the animal and each person;
  • The stability and continuity of the animal’s living environment and continuity of routine care for the animal;
  • Safety considerations and any past conduct affecting the animal;
  • Witness testimony; and
  • For animals ten (10) years of age or older, “continuity of environment, emotional stability stress minimization, and maintenance of established routines

While the Act’s purpose is to assist decision making when unmarried parties are in dispute over ownership of a pet, Section 19-130’s basis in the IMDMA’s standards means that the standards it creates can be extrapolated to guide a similar analysis at divorce.

What This Means for You

If you are going through — or anticipating — a divorce or separation and share a pet with your spouse or partner, the new law has the potential to clarify the factors which the court should consider in determining the ownership of your pet. It is important that you speak with an attorney who understands how these factors can be applied to your advantage in your case.

At Beermann LLP, we understand that your pet is family. We have the experience to help you navigate the emotional and legal complexities of divorce — including what happens to the animals you love. Whether you’re just starting to consider your options or are already in the middle of proceedings, we’re ready to help you find the best path forward.

Erik M. Berner, Associate
For more information on Mr. Berner, please visit: www.beermannlaw.com/team/erik-m-berner/.