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The Art of Divorce: Who Keeps the Collection?

By Nottage and Ward on May 29, 2025

In a high-net-worth divorce, the division of property often involves more than just homes, businesses, or retirement accounts. For couples who have spent years building an art collection, the question of “who keeps what” can become deeply personal and legally complicated.

Whether the collection consists of contemporary paintings, antique sculptures, rare books, or culturally significant artifacts, these pieces represent more than financial investment. They often carry emotional weight, reflect personal taste, and may even serve as part of a public persona.

When art is involved in divorce, the stakes are high, and the process requires experience, strategy, and tact.

At Nottage and Ward, LLP, our legal team understands how to navigate the sensitive and strategic considerations involved in dividing cultural assets in divorce, and we can help you.

Why Art Matters in Divorce

Art and collectibles fall under the broader category of luxury asset division. Unlike more straightforward financial accounts, these assets can be challenging to value, divide, or even agree upon. Disputes often arise over:

• Emotional attachment to specific pieces
• Questions of authenticity or provenance
• Fluctuating market values
• Future appreciation potential
• Whether the asset is considered marital or non-marital property

Marital vs. Non-Marital Property in Illinois

In Illinois, only marital property is subject to equitable division. That means the court will determine what’s fair, but not necessarily equal.

Art purchased or acquired during the marriage, regardless of who paid for it or whose name is on the invoice, is generally considered marital property. On the other hand, pieces that were acquired before marriage, inherited, or gifted specifically to one spouse may be classified as non-marital property.

However, co-mingling or shared usage (such as hanging the artwork in a jointly owned home) can complicate ownership claims. In these cases, a skilled legal team can make all the difference in arguing for or against classification and division.

The Role of Appraisals

One of the most critical elements in dividing artwork during divorce is obtaining an accurate, defensible valuation. This is where artwork appraisal divorce strategy becomes essential.

Key factors considered in a professional appraisal include:

• Artist reputation and market trends
• Condition and provenance of the piece
• Prior sale history
• Exhibition history
• Insurance valuations
• Independent expert evaluations

Because art markets can be volatile, a court may consider multiple appraisals or require updated ones if proceedings are delayed. The court’s goal is to assign a fair market value at the time of divorce, not necessarily what the piece might fetch in the future.

At Nottage and Ward, LLP, we regularly collaborate with trusted appraisal experts who understand the unique valuation challenges involved in fine art litigation.

Emotional Significance vs. Market Value

Unlike stocks or real estate, a painting or sculpture may have profound emotional meaning to one or both spouses. While courts may acknowledge emotional value during division, they generally focus on financial worth.

If both spouses want the same piece, the court has several options:

• Award the item to one spouse and offset the value with other property
• Order the item sold, and divide the proceeds
• Allow one spouse to buy out the other’s interest
• Encourage negotiation outside of court to preserve relationships and privacy

Because art often has personal significance, out-of-court settlements or alternative dispute resolution can offer more creative and satisfying outcomes for both parties.

Issues With Shared Ownership

In some cases, divorcing spouses agree to continue co-owning a piece or collection. This can work well for parties with shared children or aligned business interests, such as gallery owners or collectors who loan works to museums.

However, joint ownership can become complicated if future decisions arise about:

• Storage or insurance
• Public display
• Future sale
• Maintenance or restoration
• Tax liability

Our legal team generally recommends resolving ownership cleanly during divorce to avoid future conflicts.

Strategies for Protecting Your Artistic Interests

If you are facing divorce and own valuable art or collectibles, consider the following strategies.

Inventory Everything

Create a detailed list of every piece, including photographs, purchase records, appraisals, and condition reports. This documentation will support your claims regarding ownership and value.

Separate Non-Marital Pieces

If you brought pieces into the marriage or received them as gifts, make sure they are documented separately and supported with proof of acquisition date and source.

Engage Appraisal Experts Early in the Process

A strong artwork appraisal divorce plan is key. Early evaluations can clarify expectations and give you leverage in negotiations or litigation.

Consider Privacy Issues

Some collections are linked to public profiles. In Illinois divorce cases involving art collection, if one or both spouses are in the public eye, media exposure can be minimized through out-of-court resolutions or confidentiality clauses in settlement agreements.

Find a Legal Team That Understands Luxury Asset Division

Not all family law attorneys are equipped to handle matters related to fine art, cultural property, or luxury goods in a divorce. But Nottage and Ward, LLP, has over three decades of experience working with high-net-worth individuals who need more than generic legal counsel.

Speak With an Illinois High-Asset Divorce Attorney Today

Divorce is difficult enough. But  when valuable art or collectibles are involved, the complexity multiplies. At Nottage and Ward, LLP, we are committed to guiding clients through art collection divorce cases in Illinois with clarity, discretion, and strategic foresight.

We help high-net-worth individuals protect not only their collections but their legacies. Let us help you resolve your divorce with intelligence, integrity, and strength so you can move forward with confidence.

Call us at (312) 332-2915 to learn more today.