Providing service and support to film and television musicians.
Participants who are contemplating a divorce are encouraged to review this information prior to meeting with their Legal Counsel/Attorney. Please read our divorce split checklist before submitting any divorce split to the Fund.
Please Click Here to download our DIVORCE SPLIT CHECKLIST.
The Fund can process a divorce split in one of two ways:
Participants who choose the film-by-film option may request that the Film Musicians Secondary Markets Fund provide them with a listing of their paid films from inception to date. The written request should be sent to the attention of either the Manager of Operations, Deputy Executive Director, or the Fund Paralegal. This listing will include all films a participant has worked on for which the Fund has received contributions. However, the list the Fund provides may not be the exhaustive universe of titles from the participant's body of work. Generally, The Fund provides this material and participants determine which assets (films) are to be split for purposes of the divorce settlement case. The finalized list of titles needs to be filed with the court and the Fund will apply the film-by-film split from that list provided by the court order. However, some titles that would have otherwise been subject to the divorce decree may not be on the list provided by the Fund due to the fact that such titles may report to the Fund after the date of the decree as a result of a delay in the timing of the reporting of residual earnings by the employer to the Fund. Titles that do not appear on this list will not be subject to the 50/50 split, unless subject to further action from the court. It is the responsibility of the Participant to ensure that all applicable titles are included in the divorce settlement. Participants are encouraged to keep this in mind when drafting the court order. The Fund cannot add films not included in the divorce settlement absent a filed copy of the court order.
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.