EAR: are the value of cigars really an asset in a divorce settlement?

[El Presidente]

EAR = Email assistance required. 

 

Hey Rob,
Reckon you could check with one of them sharp lawyers over at FOH for me? My soon-to-be ex is pitchin’ a fit, sayin’ I oughta hold off on smokin’ any more of my aged cigars 'til we get this financial settlement squared away. Far as she’s concerned,and probably her attorney too, my cigar stash is part of the assets we gotta split up.

You know I’ve been collectin’ these things for over 20 years, a whole lot of 'em thanks to you. And if you go by today’s prices, there’s a decent chunk of change sittin’ there. I figure every time I light up a Behike, she’s seein’ me set a hundred-dollar bill on fire.I light one every time I see her. 

[WestCoastSmokin]

Time to “gift” them to your best friend. 

[Chas.Alpha]

If you’re in the U.S., sell me your whole smash for $500. Give her $250 and I’ll sell them back to you for $510 when the storm passes. 
I’ll pull one of the Behike bands and put it on a HdM, send it to the ex and lawyer on a Christmas card!🤣

[painfreefishing]

Keep smoking and save the butts for the settlement. 

[riderpride]

Tough position to be in and good luck. It sounds like the poster knows the answer and is looking to be convinced otherwise. It's not a sunk cost.

You could flip it and let the ex take all/some. That may determine a 'relative' valuation which may be advantageous. Same with shoes. Spouse may have a lot of shoes, but you don't want them. 

Cheers

[Fuzz]

So her handbags, shoes and jewellery are also on the assets list?

[chris12381]

Never heard of a cigar collection being part of a divorce settlement but I definitely have heard of a wine collection being involved.  

[MickVanWinkle]

Would probably depend on how market savvy the spouse is.

I’d likely explain that without proper provenance, they are likely worthless at auction (splitting the collection would render them without value or low value). Then make an offer to value them at a reduced valuation closer to original price. They’d benefit from having some value, you’d get the asset for less than today’s value.  

[Lucas Buck]

At today's prices that would be closer to a three hundred dollar bill for those Behikes. 

[Çnote]

Ugh, my condolences. This is a mess. I'm pretty familiar with divorce asset division in TX, but ymmv given jurisdiction. NB - not a lawyer, just a guy who has been thru this personally and professionally, testifying about wine/liquor collection values and liquidating collections as needed.

If you're in USA, you can argue (privately, not in court) that there is no value to a CC collection as it's basically a brick of cocaine and there isn't a actual liquid market value. At best, you have your cost of acquisition to split value, at worst, full market rate based on auctions.@MickVanWinkle has the right idea here, they are worthless unless you have access to a niche market; a new profile on BR, FB or OLH isn't going to have the same reach as someone who is constantly BST with years of vouches.

If you started aquirring before the marriage, you may be able to say the collection is an 'individual asset,' esp if you did not share the bank account used for your acquisitions. Your money, your stuff.

Absolute best case is to settle privately with your ex over your cigars and her wardrobe/jewelry box/shoe rack, keeping all 'personally valued' assets out of the process, as @riderpride and @Fuzz implied. 

9 hours ago, WestCoastSmokin said:

Time to “gift” them to your best friend. 

This may not help as it could be seen as hiding assets, same as a below cost shill-sale to @Chas.Alpha. As I recall in my jurisdiction of TX, that could be considered automatic contempt of court, and you'd be at the mercy of the judge for the remainder of the proceedings, and may even have all of your stipulations thrown out entirely and all rulings would default to her favor. Family law here isn't fun at all.

If she still thinks they have real value, her lawyer should attempt discovery and valuations on your personal assets. This will cost her billable hours + an outside consultation by an 'expert.' Offer her twice this estimated cost as a settlement on the cigars, -if she starts that process-  In my experience, she's looking for money, not the assets. If she already knows the approximate value, offer to immediately liquidate 50% of the collection with 20% commission to you for your expertise in the matter. Do the math and show her what to expect. She may be surprised how little she'd actually get. I know several ex-wives who have taken a few $k rather than 50% of a $50k wine cellar as they just saw something to fight over and didn't want to wait months or years for top of market value. It was very hard to get full value for wine in '09-'10, liquor almost always liquidates way under market expectations, cigars are only at top auction value if multiple parties have an interest. Best practice would be to target the highest value items and hedge them against the majority of the collection to make value. Broken boxes have much less value.

Better yet would be at have something of definite value like a car or boat to add to the disputed assets and give her that as a liquidable asset against the collection. Lots of ways to skin a cat.

[BrightonCorgi]

It's not the value of the cigars; it's the importance of the cigars to you. It's about causing pain and retribution.  

There are some great insights already posted. See if you can come to an agreement based on the reality of her trying to realize the conceptual value of the cigars. Tit for tat will diminish the estate and leave you both feeling even more bitter.

Sorry to hear you are going through this.

[usleepicreep]

Note to self, add cigars to prenup.


Sent from my iPhone using Tapatalk

[joeypots]

My understanding is that owning Cuban cigars in the USA is legal. Selling Cuban cigars is a crime. I don’t see how the cigars could have any value in the US if them selling them is illegal. If the question comes from a US citizen I’d suggest looking into this first.

[Chibearsv]

Tell her to stop driving the car, stop buying groceries, stop wearing shoes and dresses, stop carrying a purse, etc because those activites reduce the value of the assets.  Sounds ridiculous since she'd say those are all daily activities...so is your cigar smoking. 

I don't see how everyday smoking behavior could be taken as a conversion of assets any more than eating dinner. Now, if you're a once a year smoker and you're now smoking everyday to kill the inventory, that might be different. I wouldn't purposely reduce the cigar inventory any faster than usual.

 

[MrBirdman]

She can’t insist that you stop using consumable goods. If she wants to assert a claim on half the cigars you smoke she should have them inventoried and track what you’re smoking. But that’s on her. She can pay for the inventory and expert valuation. 

As for whether they have value in the US, the IRS’s position is that they do, even if they can’t legally be sold. If you spent marital assets on the cigars a judge is likely to agree. And if you live in a community property state your wife already owns half the cigars.

[Havanaaddict]

Maybe there is a way to put in writing you will never sell them as they were bought for you to smoke!

Ok, I got it...open every box remove all but 2 or 3 cigars and have a good buddy stash them away till it's all over then refill the boxes! I would guess that she has seen the many boxes but not how many cigars are in each one😜

[Çnote]

12 hours ago, MrBirdman said:

She can’t insist that you stop using consumable goods. If she wants to assert a claim on half the cigars you smoke she should have them inventoried and track what you’re smoking. But that’s on her. She can pay for the inventory and expert valuation. 

As for whether they have value in the US, the IRS’s position is that they do, even if they can’t legally be sold. If you spent marital assets on the cigars a judge is likely to agree. And if you live in a community property state your wife already owns half the cigars.

Very salient points 

[Ford2112]

This is like when Sugar Shane Mosely's ex wife took his championship belts. I mean come on. It's just to inflict pain and suffering. Then again, I live alone, in a bus...

[El Presidente]

I do a lot of marriage counselling on the deck. I am the worst marriage counsellor out there. 

Get out as cleanly as you can. With the least angst as you can. Still, it is not easy, but it will not last. 

I had a good discussion with a member here when he was going through a nasty divorce. We were in Cuba together at the time. I understand/understood the pain but the reality is you need to push through and get to the other side. Better days ahead, you may not think it at the time, but it is real. 

[westg]

3 hours ago, El Presidente said:

I do a lot of marriage counselling on the deck. I am the worst marriage counsellor out there. 

Get out as cleanly as you can. With the least angst as you can. Still, it is not easy, but it will not last. 

I had a good discussion with a member here when he was going through a nasty divorce. We were in Cuba together at the time. I understand/understood the pain but the reality is you need to push through and get to the other side. Better days ahead, you may not think it at the time, but it is real. 

Absolutely and well said. Cigars should not be and hopefully they are not a significant financial consideration within a divorce settlement.  For me it was the transaction of four properties. Two others that were tied with my brother who disappeared without a trace for 15 years so my ex thankfully did not pursue the sale of them as well. He returned a few years ago due to covid. When it did come to cigar inventory I said take what you want. So she took all my Monte 2 from 1996 to 2018...probably around 400 to 450 sticks. Only because they are / were my favourite. I am not one for petty handbag , jewellery inventory disputes. 

I looked at it as a business transaction the ultimate business transaction. Best advice I can give. Ɓe nice. As for the cigars you can always buy more. For me that is one form of happiness. Buying beautiful Cuban cigars. 

[Chibearsv]

Sometimes the nastiness is unavoidable. I’ve got a friend in his 80s going through a horrible divorce right now. Together they own plenty of assets and the only thing my friend insists on keeping is his home. His wife has already bought her own home and the only thing she wants is to make sure my friend loses his home. She’s doing everything in her power to compel a judge to require the sale of everything. It’s a mess that doesn’t look like it’s going to end anytime soon.  Any settlement would be better, but all she wants is to inflict pain. 

[gormag38]

43 minutes ago, Chibearsv said:

I’ve got a friend in his 80s going through a horrible divorce right now.

Holy hell. In their 80s?! 

I couldn't imagine being that old. Let alone being that old and going through a divorce! Good on him/them for going through with it at this stage in life. Happiness is worth a ton in my book so kudos. 

[Ford2112]

3 hours ago, gormag38 said:

 Happiness is worth a ton in my book so kudos. 

I agree. It's why I live alone in a bus.

[joeypots]

And for next time.

"Instead of getting married again, I’m going to find a woman I don’t like and just give her a house." ROD STEWART

[gormag38]

On 4/11/2025 at 2:09 AM, Ford2112 said:

I agree. It's why I live alone in a bus.

Ohhhh, so you're who they wrote "Into the Wild" about?!