Photo by Jakob Owens on Unsplash

There are many aspects to any divorce case.  One thing that is common in virtually every case is the division of property and/or debt.  I have had several cases where one of the spouses was either a professional photographer, videographer, producer or very serious hobbyist.  This blog is written to very generally address what will happen with the photographic or video equipment when it comes to a divorce.  If you have questions or concerns about a potential divorce or separation, you should contact us to schedule a meaningful consultation by clicking on this link or calling (248) 608-4123.

What Happens To My Photographic Or Video Equipment In A Divorce?

Typically if you are a hobbyist with significant equipment, it is lumped in with all of the other personal property owned by the spouses like couches, tv's and tables.  In a divorce or separation, the first thing to do is to determine whether it is marital property or separate property.  Separate property basically falls into the following limited categories; premarital property that one spouse has kept separate during the marriage, an inheritance to one spouse that is kept separate during the marriage, lawsuit proceeds for personal pain and suffering and gifts to one spouse specifically as opposed to both spouses (a good example is jewelry given to one spouse during the marriage or say a sibling purchased one spouse some camera equipment as a gift), 

If the equipment falls into one of these categories, then it is the sole and separate property of the spouse who owns the equipment and there is no offset of other property.  If it does not fall into one of those categories, then it will be subject to equitable or roughly equal division and to keep it the owner spouse must either pay half of the value of the same to the other spouse or somehow offset the value with property of equal value to the other spouse. It should be noted that separate property can lose its nature as separate property if it is commingled with marital property or money.  So if the equipment is repaired during the marriage with joint funds, it would probably be considered marital, or if some equipment is purchased before the marriage and some after, then that which is premarital is separate and the remainder is subject to equitable division as marital property.

If you are a professional and have purchased the equipment through a business, it really does not make much difference.  The equipment will either be valued as part of the business and then there will be a "buy-out" of half of the value of the business or offset of other equal property; or the business may be treated as having no dollar value but the equipment will still be included in division of the personal property.  Some care should be taken if there is an appraisal or valuation of the business, in that case one should make sure that the equipment is not included in the value of the business appraisal and then again as personal property as that would create a "double-dip" for the other spouse.

If you  or your spouse are considering filing for divorce or separating, it would be wise to schedule a consultation to discuss the situation with a knowledgeable attorney.  Please click on this link or call us at (248) 608-4123 if you would like to schedule one.