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我丈夫刘某是作家。最近,我们双方因为感情不和,经过协商后同意离婚。但是,在分割财产时,产生了争议,主要是他写了一部长篇小说,已与出版社签下了出版合同,这将得到一笔不小的收入,因这部小说是在婚烟存续期间所写并交付出版的,为此,我认为即使在离婚后,他也要把收益分一半给我,刘某却不答应,说这是还未取得收益的知识产权,在离婚时应当归他个人所有,对离婚后由此取得的经济收益我也无权享有。那么,夫妻离婚时,尚未取得收益的知识产权如何分割呢?
My husband Ryu is a writer. Recently, both parties have agreed to divorce through consultations because of their lack of feelings. However, there was controversy over the division of property, mainly because he wrote a novel and signed a publishing contract with a publishing house. This will receive a fortune as the novel survives Written and delivered during the publication, for which I think even after the divorce, he also give me half the proceeds, but Liu did not agree that this is not yet the proceeds of the intellectual property rights, should be at divorce He personally owns all the economic benefits I have gained after the divorce, and I am also not entitled to it. So, when a couple is divorced, how to split the intellectual property that has not yet made any gains?