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Why Can Dividing Art Be Difficult When You Divorce
Divorcing will mean splitting up the assets you and your spouse own together. For many couples, this extends only to real estate and financial assets, which can often be split relatively simply.
For couples who are art collectors, things can get more complex. Here are some reasons why.
You might both want the same things
Some buy art primarily as an investment. That’s why there are so many amazing artworks locked in storage. Yet, most people buy a particular piece of art because it speaks to them. While there may be some pieces you are happy to let your spouse take and vice versa, there may be some that you both love and are reluctant to let go of.
It’s hard to price
Knowing the value of pieces allows you to ensure the overall property division process is fair. If you follow art auctions, you’ll have noticed that some pieces go for much more than expected, and some for much less than the seller hoped.
That is because putting a value on a piece of art can be challenging. The value largely depends on what someone is prepared to pay for it when it goes on sale. Two enthusiastic bidders could push a price far beyond what even they thought the item was worth, whereas a poorly timed sale, or one when the artist has fallen out of favor, could go the other way.
Storage and display need to be considered
Maybe you have a lovely big house with wall space to display that large abstract. But will you still have the space when you move to separate places? Your new place might not have the same climate or climate control systems, putting the artwork at risk.
With so much at stake, be sure to get appropriate legal guidance to help you make the right choices.
CONTACT: Aislynn Thomas McDonald
PHONE: (305) 503-0850
EMAIL: athomasmcdonald@kelleykronenberg.com
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Aislynn Thomas-McDonald serves as Partner and Business Unit Leader at Kelley Kronenberg, where she focuses on family law and probate matters. Her comprehensive practice encompasses divorce, paternity, timesharing, child support matters, adoption, collaborative divorce, wills and trusts, guardianship, and elder law. Prior to joining Kelley Kronenberg, Aislynn established herself as a respected family law practitioner, earning an AV® Preeminent™ Peer Review Rating by Martindale-Hubbell®.
Aislynn strives to provide concierge support to her clients through understanding their objectives and goals, advising them honestly about the best course of action. She works to resolve issues without proceeding to litigation and then will advocate zealously when a case does move in that direction. Her commitment extends beyond legal practice through extensive community involvement and advocacy for domestic violence awareness, children's legal advocacy, and women's rights.
- Divorce and legal separation
- Child custody and timesharing
- Child support and alimony
- Prenuptial and postnuptial agreements
- Adoption
- Collaborative divorce
- Domestic violence protection
- Paternity matters
By joining Kelley Kronenberg, Attorneys at Law, in 2025, Aislynn is able to continue offering concierge legal service with the resources of a full-service large law firm. This combination provides clients with personalized attention backed by comprehensive legal resources and support.
Aislynn is dedicated to providing top-quality legal services to residents throughout South Florida and the Florida Keys. Her practice is based in Miami and serves clients throughout the region with both local expertise and broader legal resources.
To schedule a consultation with Aislynn Thomas-McDonald at Kelley Kronenberg, contact their Miami office. During your initial consultation, she will evaluate your specific situation, explain your legal options, and develop a strategy tailored to your unique circumstances and goals.
Throughout every case, Aislynn demonstrates sensitivity to both the emotional and legal challenges her clients are facing and works to reach terms that are agreeable to all parties. Your first meeting will focus on understanding your situation, discussing your objectives, and outlining potential paths forward with honest, practical advice.
Yes, Aislynn Thomas-McDonald is experienced in collaborative divorce, which offers couples a way to resolve their differences outside of traditional litigation. This approach focuses on cooperation, open communication, and finding mutually beneficial solutions while minimizing emotional and financial costs.
As a full-service law firm, Kelley Kronenberg provides access to specialists across multiple practice areas when family law cases involve complex financial matters, business valuations, tax implications, or other specialized legal issues that may arise during divorce or estate planning proceedings.
