Intellectual Property in Divorce: Protecting the Inventor’s Rights to Intangible Assets and Earnings

New York divorce law has undergone massive changes over the past decade. Most of these changes have made the playing field more equal and streamlined in accordance with a gender-neutral paradigm. Changes include no-fault divorce, fairer custody and support laws, and the elimination of licenses and degrees as marital property. The 2017 Trump tax reform eliminated the still problematic “alimony deduction”. However, a new and probably more controversial frontier of matrimonial law has emerged with the advent of technology, digital assets and cryptocurrency. As a result, the negotiations in many divorce cases are more complex than ever.

The COVID-19 pandemic has caused enormous changes and challenges in almost every aspect of life, and created a huge market for technology as a way to solve problems and improve efficiency. This technology includes (but is not limited to) biotechnology, NFTs, games, dating apps, and social media. Creators and inventors are working overtime to capture clicks, dollars, and market share. These brainstorms create extremely valuable intellectual property and earning potential. How does a creator protect this property from others?

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