Dan Court: Musician is getting divorced, how will 44 years of creative royalties be divided?

October 31, 2024   

A talented and popular musical artist whose works are repeatedly played on radio, television, and digitally is entitled to very large royalties. He recently initiated divorce proceedings from his wife - and the Rabbinical Court was required to discuss the balancing of royalties. The husband claims that his musical work spans 44 years. 21 years before his marriage and 23 years after. He agrees that royalties are divisible property, but claims that only half of the media plays were during his marriage and therefore the wife is only entitled to a quarter of the royalties he received over the years as part of the balancing of resources. The wife claims that the parties ran a completely joint economic unit and that she is part of her husband's successful musical career. According to her, she supported him, encouraged him, and managed his business affairs, and she is the one who took care of and raised the children, giving up on developing her own career. According to her, all of her husband's musical and financial development occurred during the marriage. She also claims that throughout their marriage, the royalties went to their joint bank account, and therefore this should be seen as consent as a gift. Members of the Tel Aviv Regional Rabbinical Court, Rabbi Zvi Birnbaum - Av Beit Din, Rabbi Aryeh Uriel and Rabbi Naftali Heizler, were called upon to address the issue and wrote three separate and in-depth rulings based on the Shulchan Aruch, first and last poskim, as well as contemporary dayanim, in addition to rulings from the civil courts and family courts. The dayanim examined the issue of personal reputation and its division also based on the fact that since marriage the husband has shared the royalties with his wife. In summarizing and balancing the three rulings of dayanim Rabbi Birnbaum, Rabbi Uriel and Rabbi Heizler, it was decided: "The husband shall pay the wife a portion of the royalties he received from the day of his marriage until the day the marital rift began" - which is about a third of the royalties to which he is entitled.