high asset divorce

The Art of Negotiation: High Asset Divorces in Creative Professions

The Art of Negotiation: High Asset Divorces in Creative Professions


Divorce in the realm of creative professions can present unique challenges, especially when high assets are involved. Unlike traditional business assets, creative assets like intellectual property, royalties, and brand value require a nuanced approach in divorce proceedings. This blog post explores the intricacies of negotiating high asset divorces among creative professionals, emphasizing the importance of valuing intangible assets and finding equitable solutions.

The Complexity of Creative Assets

In creative professions, assets are often intangible and intertwined with personal talent and reputation. This includes royalties, copyrights, and the future earning potential of creative works. Unlike conventional assets, their value can fluctuate and be difficult to quantify.

Valuing Creative Assets

The first step in negotiating a high-asset divorce in creative professions is accurately valuing creative assets. This process often involves specialists like forensic accountants and intellectual property appraisers who understand the complexities of these assets.

Innovative Approaches to Asset Division

Royalty Sharing Agreements: Instead of a one-time payout, couples may opt for a royalty sharing agreement where both parties receive a portion of future earnings from creative works.

Deferred Compensation Models: This model allows for payment over time, considering the fluctuating nature of income in creative fields.

Buy-Out Agreements: One party may choose to buy out the other’s share in a creative asset, providing immediate financial resolution.

Co-Ownership Models: In some cases, ex-spouses may continue to co-own and manage creative assets post-divorce.

The Role of Mediation and Collaborative Law

Mediation and collaborative law are particularly effective in high asset divorces among creative professionals. These approaches allow for more flexible, creative solutions and help maintain a respectful relationship between the parties.

Intellectual Property Rights

Understanding and negotiating intellectual property rights is crucial in these divorces. This includes determining how future revenues and rights will be managed and shared.

Emotional Connection to Creative Works

Creative works often hold significant emotional value. Negotiations must acknowledge this emotional attachment and find solutions that respect both parties’ connections to the works.

Protecting Future Creative Endeavors

Agreements should be structured to not only address current assets but also protect the rights and interests related to future creative endeavors.


Navigating high asset divorces in creative professions requires a deep understanding of both the tangible and intangible aspects of creative assets. The art of negotiation in these cases lies in balancing the financial worth of these assets with their emotional and artistic value. By employing innovative strategies and respecting the unique nature of creative work, it is possible to reach equitable and respectful settlements in these complex divorce scenarios.

The McKinney Law Group

If you have questions about a prenup agreement or a postnup agreement or require legal assistance in other areas of Family Law in Tampa, Florida such as high asset divorce you may always contact Damien McKinney of The McKinney Law Group to discuss your case further. He can be reached by phone at 813-428-3400 or by e-mail at [email protected].

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