For decades, you have been developing your career as an artist. It is your primary source of income, and it has made you fairly wealthy. Your art is in high demand, with each piece selling to collectors across the country – or even across the world.
Naturally, because you created these works yourself, you likely view them as your own personal property. But what happens to them if you and your spouse get divorced?
Works created during the marriage
Typically, if you created a piece of art before getting married or after separating and beginning the divorce process, it is considered separate property. In such cases, you are the sole owner of the piece and the financial value associated with it.
However, complications can arise when the artistic works were created during the marriage. In many instances, courts may rule that these are marital assets, not separate assets. Even though you are the artist and creator, your spouse could have a claim to a portion of the financial value of those works.
The court often views this similarly to other types of businesses. For example, if your spouse started a small business during the marriage and its value increased substantially, you might be entitled to a share of that growth as a marital asset. The business’s value is an asset that you earned jointly while you were married. Artwork created during the marriage may be treated in the same way, with your spouse seeking to claim their share of its value during property division.
This can be a complex and emotionally charged situation. It is crucial to understand your legal options and take the appropriate steps to protect your interests during the divorce process.