Who Gets the iTunes in Divorce?

 Posted on December 28, 2013 in DIvision of Property

When a couple decides to end their marriage, part of the divorce negotiations often involve how marital assets will be divided. Houses and other real estate, cars, furniture, bank accounts, IRAs and other retirement funds are typical items that need to be divided between the spouses.

But what about the massive iTunes collection the two may have downloaded over the years? And the voluminous Kindle library the two have acquired? In today's digital world, more and more couples are adding digital assets to the list of items that need to be divvied up in a divorce.

According to a recent article in MainStreet.com, these digital assets are considered marital property. Regardless of which spouse physically downloaded the items, these digital assets are given a value and are part of the "equitable distribution" process of divorce settlements.

User agreements for many digital assets forbid the transfer of ownership of that item. So if one spouse "owns" an extensive digital asset, the other spouse could use that to negotiate their right to other marital property that's comparable in value.

Other digital assets also include any online businesses. Blogs and other websites can generate income. For example, if you and your spouse have been operating an eBay storefront for any length of time, and it has generated thousands of transactions, as well as positive business reviews, which spouse gets that eBay account and all its value?

Other digital storage accounts may also have to be divided. Who gets the Skydrive or Dropbox account with all its files? Who will have ownership of all the photographs on Picasa or Snapfish? And the videos on YouTube will now belong to which spouse?

Divorce negotiations can be upsetting as the net worth of the marriage is determined. That's why it's best to have an experienced DuPage County divorce attorney representing you to ensure you receive what you are legally entitled to receive.