Legal Question in Family Law in New Jersey
Intellectual Property rights in divorce
I'm currently married and have written a novel, which I've copyrighted. In the event of divorce, would my wife have any claim to my novel and its characters or the proceeds from the sale of it before and after divorce? Thank you.
1 Answer from Attorneys
Re: Intellectual Property rights in divorce
You are asking a novel question. Normally, each spouse receives one half of the value of the marital estate acquired during the marriage, that is from the date of the marriage ceremoney to the date of the filing of the complaint for divorce.
Unless someone has made an offer for the novel its value is unknown. Secondly, its value is largely a product of intelligent editing and
effective marketing. A book written during the marriage and marketed during marriage which is and will yield royalties is one thing. A book written during the marriage which requires a massive effort after the filing of the divorce complaint to have value could be another matter.
Legal research is required as well as an expert
opinion of the value of the book now.
A book is not like a raw diamond or a gold mine or is it.
You might be able to trade to your spouse her interest in something with a know value now in place of her having an interest in the book later.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com