Who Gets To Keep Season Tickets In A Divorce?
With the Super Bowl right around the corner, football is on everyone’s mind, including people considering a divorce. A divorce is a big decision that literally involves dismantling a life by dividing up all of your assets, property, and debts. Any shared assets are subject to being split, and season tickets often fall into this category. The truth is that there is no hard and fast rule dictating which spouse gets to keep season tickets in a divorce, unless they were given to one spouse as a gift by a third-party. In that case, the season tickets will usually be treated as the individual property of that one spouse as opposed to community property which must be divided in a divorce. If the tickets were a gift from one spouse to the other, they will still likely be treated as shared property of the marriage.
Dividing Shared Property
Many people experience anxiety when they think about their property being allocated by a judge, outside of their control. However, divorcing couples always get the first say in how property is divided. In fact, a judge will only ever get involved and make decisions about their property if they are unable to come to an agreement on their own. Many couples utilize lawyers or mediators to try and negotiate the terms of their divorce settlement on their own. This allows them the greatest say in how their property is divided. When it comes to season tickets, there are many options for negotiating. It’s possible that if your spouse knows you highly value the tickets, they will try to use them as a pawn to receive something of value that is important to them. You can get ahead of this by making a sufficient offering right off the bat. For instance, you may propose keeping the season tickets and in exchange your spouse can keep all shared frequent flyer miles, credit card points, or a piece of property or a benefit that would be of equivalent value to them. In the event that you and your spouse are not able to reach an adequate agreement on season tickets or any other shared property, the decision will be left to the court. The court is unlikely to consider sentimentality in considering who should receive property, and rather will focus on trying to allocate an appropriate value of cumulative assets and debts to each spouse. For this reason, if you are particularly attached to a certain item, it is always best to try and negotiate the outcome with your spouse outside of the courtroom.
How a Lawyer Can Help
Reaching a divorce settlement requires a lot of negotiation. Given that circumstances are often highly emotional, these discussions can be difficult to navigate objectively. Having a lawyer who is able to maintain your big picture goals while also advocating for your interests and proposing creative solutions can make all the difference when it comes to reaching an outcome that you feel good about. Utilizing a lawyer early on in the process often allows you to save time and money by avoiding costly litigation in court.
Schedule a Consultation with Peeples Law
If you are considering a divorce in Alabama, talking to an experienced Birmingham divorce attorney is the first step. Contact Peeples Law today to schedule a consultation.