Musician Resources Divorce / Splits

The Fund can process a divorce split in one of two ways:

1. The first option is on a film-by-film basis (based on year of work performed during the marriage). [ NOTE:  To determine the year the work was performed, the Fund uses the year in which the project was first released in its Primary market. In the case of film, that is the year it was released theatrically; for TV it is the year the TV movie/series or episode first aired on free or pay-TV. The Fund uses the website IMDB.com.as a reference for this purpose]. The film-by-film basis is always split 50/50 – i.e., 50% of a specified film title’s pro-rata share for the participant goes to one party, 50% to the other.   In this case, each of the participant/musician’s and ex-spouse’s payments will be subject to tax withholdings based on their completed Form W-4. Separate W-2 forms are generated for the musician/participant and the ex-spouse.  Once set up, this split of films will continue indefinitely, unless the Fund is instructed to change it by court order.  Participants who choose to split on a film-by-film basis MUST provide the Fund with the list of films to split. 

2. Another option the Fund provides is splitting a participant’s annual check gross amount each year, by a given or variable percentage for either a determinate number of years or indefinitely.  With this option, payment for the musician/participant will be subject to tax withholdings but NOT the payments for the ex-spouse.  In this case, a 1099 is generated for the ex-spouse and a W-2 is generated for the musician/participant.  Participants who choose this option may split the check in any manner (i.e., 50/50, 60/40, etc.)  In addition, the split may vary from year to year (e.g. 1st year - 60/40; 2nd yr 50/50; 3rd - 40/60, 4th yr. 30/70; etc.).  Again, once set up this split will continue indefinitely, unless the Fund is instructed to change it by Court Order.

Participants who choose the film-by-film option may request that the Film Musicians Secondary Markets Fund provide them with a comprehensive listing of their paid films from inception to date.  The written request should be sent to the attention of either the Manager of Operations or the Director of Operations.  This listing will include all films a participant has worked on for which the Fund has received contributions.  Generally, The Fund provides this material and participants determine which assets (films) are to be split for purposes of the divorce settlement case.

 
The Fund is not in a position to offer legal advice and encourages participants considering either option to discuss it with an attorney and a qualified tax advisor before making a decision. The Fund will then follow the instructions of the court order (or final judgment of dissolution), which we require, before we process the information.  Please remember that the court order must be specific as to the percentage each spouse is to receive and the duration in which the court order will remain in effect.

 Updated: 5/20/2007