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Dividing artwork during divorce

Handling the division of property can be difficult in any divorce, but certain occupations and hobbies can make the process even more complicated. If you are an artist in Florida, you may find that determining ownership of your artwork is trickier than you imagined it would be. We at The Law Office of Philip J. Schipani can help you reach a fair and reasonable agreement during your divorce, even if that means splitting your artwork.


One reason that this type of property is so difficult to divide is that it often involves pieces that have substantial sentimental value in addition to the monetary amount. According to the Huffington Post, one of the first steps you should take if you are an artist preparing for divorce is to make a detailed listing of all pieces that you have created. You should include information such as whether or not the piece is completed and how much the materials cost.


You should list the prices of artwork that has already been sold as well as an appraisal for those still awaiting sale. Pieces that were created during your marriage are generally considered marital property, while those made before you wed or after your separation are sole property. If you are receiving any royalty payments, the ownership status on those will also depend on when the piece in question was created.


Trying to hide artwork is a bad idea, since doing so may result in your ex-spouse being awarded full ownership. You may be able to negotiate an exchange to keep your artwork in place of another asset, but a judge may also order an exact division of the value of your pieces. For more information on this topic, please visit our web page.

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Schipani and Norman, P.A.
1605 Main Street, Suite 1110
Sarasota, FL 34236

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