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New Illinois Pet Custody Law

The New Illinois Pet Custody Law does provide for the sole or joint ownership of and responsibility for a companion animal of the parties, but only if that companion animal is a “marital asset” of the parties’ marriage. What does that mean? If the Pet was acquired during the marriage and not a gift to one party or the other, the Pet is presumed to be a marital asset.

On the other hand, if the Pet was owned by one spouse before they were married, or was gifted or inherited by one spouse then the New Illinois Pet Custody Law does not apply.