When a relationship ends, deciding who keeps the pet can quickly become one of the most emotional parts of the separation. It does not matter whether the couple was married for 20 years, engaged, living together, roommates, or simply sharing a home. To the people involved, the pet is family.
Until now, whether the couple was married made a significant difference under Illinois law.
Since 2018, Illinois divorce courts have been required to consider the well-being of a companion animal when deciding ownership and responsibility. We covered that change in our original article, New Illinois Pet Custody Law.
However, those provisions applied only in divorce cases, and unmarried people did not have the same legal framework available when they disagreed over who should keep a pet they had cared for together.
This will all change when the Companion Animal Custody Equity Act takes effect on January 1, 2027, and this new law is commonly known as Rosie’s Law.
The Story Behind Rosie’s Law
Rosie is a senior puggle whose story brought attention to a gap in Illinois law.
After a long-term relationship ended, Rosie was separated from Tameer Siddiqui, PsyD, who had helped care for her for years. Her longtime caregiver sought Rosie’s return, continued contact, and mediation. Because the parties had never married, the pet custody provisions available in a divorce case did not apply.
The dispute was handled as a property case. The court had no specific law directing it to consider Rosie’s daily routine, medical care, emotional bonds, age, or history with each caregiver. Rosie’s experience led to the Rosie’s Law Initiative and eventually House Bill 4540. Little Rosie made a big change for Illinois pet owners as Governor JB Pritzker signed the bill on July 24, 2026.
What Changes Under Rosie’s Law?
The most important change is that the parties do not have to be married.
The new law may apply to disputes involving former partners, fiancés, domestic partners, people who lived together, roommates, and others who shared responsibility for a companion animal.
A person will need to show that responsibility for the animal was actually shared. Occasionally buying dog food or helping with a walk would not necessarily establish a right to possession.
When deciding who should keep the pet, a judge may consider the following:
- Who provided the animal’s daily care?
- Who handled feeding, grooming, training, and exercise?
- Who scheduled and attended veterinary appointments
- Who managed medications or other special needs?
- Who paid expenses related to the animal?
- The animal’s bond with each person
- The stability and safety of each home
- The animal’s established routines
- Any health or behavioral concerns
The court may look at the animal’s life as a whole, including those who consistently took responsibility for its care.
Do Pet Adoption Papers Still Matter?
Yes. Adoption records, purchase receipts, licenses, veterinary records, and microchip information are still important. These documents, however, are not dispositive.
Sometimes one person signs the adoption paperwork, but the other person provided care for the animal for years. In other relationships, a pet originally belonged to one person, but the other later took on most of the daily care and medical responsibilities.
Rosie’s Law allows the judge to consider both the ownership documents and the animal’s life history.
Additional Consideration for Senior Pets
Rosie’s Law also addresses the needs of companion animals age 10 and older.
When a senior pet is involved, the court may give additional consideration to the animal’s established environment, emotional stability, regular routine, and the stress that could result from a major change.
Older pets often rely heavily on familiar surroundings and caregivers. They may also have medications, mobility limitations, anxiety, or other needs that make consistency especially important. An arrangement that seems fair to the people involved may not be the healthiest arrangement for the animal.
Temporary Care, Visitation, and Mediation for Pets
Pet owners are often very passionate about their pets, so disputes can take time to resolve. While a case is pending, a judge may enter temporary orders concerning possession or caregiving. The court may also allow limited visitation when it would help reduce stress or disruption for the animal.
With Rosie’s Law, mediation may also be ordered to help the parties reach an agreement.
It is important to note that this does not create a traditional parenting plan for pets. There are no automatic visitation rights or required schedules, but this does give the court more flexibility than simply awarding the animal to one person as the case proceeds.
Pets are still legally considered property in Illinois, and Rosie’s Law recognizes that deciding who should possess a living animal involves considerations that do not apply to other personal property.
Which Animals Are Covered Under Rosie’s Law?
The law specifically includes dogs, cats, and horses, but it is not limited to those animals. It may cover other animals that are commonly considered by their owners to be pets.
Rosie’s Law is also different from the protections discussed in our previous article, New Pet Custody Law Further Protects Pets During Divorce. That law addressed animals exposed to dangerous or life-threatening conditions. Rosie’s Law addresses disputes over possession when more than one person claims the same companion animal.
Records May Be Important
Like anything family law-related, we stress the importance of keeping good records; however, most people do not keep pet records because they never expect to have to use them in court. If a dispute arises, however, those records may help establish who regularly cared for the animal.
Useful records may include:
- Adoption or purchase documents
- Veterinary records and invoices
- Pet insurance information
- Licensing and microchip records
- Receipts for food, medication, grooming, or training
- Messages discussing the animal’s care
- Medication and appointment schedules
- Information from veterinarians, trainers, groomers, or pet sitters
Photographs may show that someone spent time with their pet. Records are more likely to show who consistently handled the appointments, expenses, medications, training, and day-to-day responsibilities.
What Rosie’s Law Means for Illinois Pet Owners
Rosie’s Law does not replace the pet custody provisions already used in Illinois for divorce cases, but it extends similar considerations to people who were not married and gives judges clearer guidance when deciding possession of a companion animal.
Beginning January 1, 2027, the court may consider more than whose name appears on the original paperwork. It may also consider who cared for the animal, the relationships the animal formed, and which arrangement provides the greatest stability.
If you are facing a dispute involving a companion animal during a divorce or separation, Sterk Family Law Group can help you understand how Illinois law may apply to your situation. Contact our office to schedule a consultation.