Determining who gets what after a divorce in Florida can be stressful and complex. Generally, you will have to divide retirement accounts, vehicles, houses and debt, but one of the most difficult pieces of property to determine can be artwork. This is especially true if you are the artist. We at The Law Office of Philip J. Shipani have created this guide to help you know what to expect if you find yourself needing to split up your art.
According to the Huffington Post, your artwork is not solely yours, merely because you created it. If it was made prior to marriage or after separation, you may claim it as sole property, but if it was started or completed during the marriage, it will count as marital property and your spouse will have equal claim to it.
Anything you sold and were paid for will also need to be considered. This can also affect pieces you created during marriage but are planning to sell after the divorce is over. This means that you will need to create a detailed list of all works that you have made and sold, as well as those that may be up for sale in the future.
Licensing agreements can also be considered community property if they were created and agreed to during the marriage. This means you may have to pay a portion of your proceeds from certain commissions after you are divorced. To learn more about the topic of dividing assets during a divorce, please visit our web page.