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I make my living as an artist. Does my spouse have a fifty percent share in rights to my works and the income they produce?

Yes and no.

Yes, in the sense that artistic works, along with patents, trade secrets, and many other “intangible” properties, constitute intellectual property. And intellectual property, in Massachusetts, is marital property.

No, in that Massachusetts does not assume “equal” (fifty-fifty) distribution of property between partners at the dissolution of a marriage, but rather “equitable.” Intellectual property falls under the requirement for equitable distribution.

In dividing something intangible, such as the rights to artistic works, Massachusetts family judges will, as with other forms of property, assess the relative contribution of partners to the marriage financially, emotionally, and logistically. Intellectual property has two sorts of value to be divided. The first is the rights to income from future royalties on a work or idea. Second, the present monetary value of a work or idea.

For creators or inventors, it may be wise to include provisions in a prenuptial agreement to protect your intellectual property. If you need help drawing up a prenuptial agreement, or if you are currently involved in a divorce without one, call our office today for expertise in handling intellectual property division.

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617-395-6600

Newton Office

Main Office

246 Walnut St, Ste 301
Newton, MA 02460

781-569-5220

Woburn Office

By Appointment

100 Trade Center
Woburn, MA 01801

617-395-6600

Newton Office

781-569-5220

Woburn Office

Main Office

246 Walnut St, Ste 301
Newton, MA 02460

By Appointment

100 Trade Center
Woburn, MA 01801