How Cryptocurrency is Handled in Divorce

How Cryptocurrency is Handled in Divorce

In the age of technological advancements, cryptocurrency, once a mere digital curiosity, has become a valuable asset. Its decentralized nature, potential for tremendous growth, and increased mainstream adoption has made it a noteworthy consideration in various legal scenarios, notably including divorce. When a couple decides to separate, questions arise: How is cryptocurrency, like Bitcoin or Ethereum, divided amongst the parties? How is its value determined? These are vital inquiries that any family law attorney will need to address with clarity and precision.

The Challenge with Cryptocurrencies in Divorce

Cryptocurrencies, unlike traditional assets, pose unique challenges in the realm of divorce. They are digital, secured by cryptographic methods, and exist in decentralized networks. As a result, they are not stored in traditional bank accounts. A spouse could easily hide or obscure these assets, making the discovery and division process more intricate.

Valuation is Key

Given the highly volatile nature of cryptocurrencies, valuing them can be a moving target. The worth of a single Bitcoin, for instance, might dramatically fluctuate within short timeframes. Therefore, determining its value during divorce proceedings is pivotal. Typically, the date of valuation is the day both parties separate. But given the market’s volatility, the value could significantly differ by the time the divorce is finalized.

In these complex scenarios, both parties should consider hiring experts who can provide timely and accurate valuations. Moreover, hiring an experienced family law attorney who understands the nuances of cryptocurrencies will be beneficial.

Equitable Distribution vs. Community Property

Minnesota adheres to the equitable distribution principle when dividing marital assets. This means that assets, including cryptocurrency, are divided in a manner deemed fair, but not necessarily equal. A judge will consider factors like the duration of the marriage, the contribution of each spouse, the age and health of the parties, and more.

Cryptocurrency will either be viewed as marital or separate property. If it was acquired during the marriage using marital funds, it would typically be considered a marital asset. However, if one spouse purchased cryptocurrency before marriage or used separate property funds, it may remain separate.

Discovery and Disclosure

A major challenge in cryptocurrency divorces is ensuring full disclosure. Because of the pseudo-anonymous nature of cryptocurrency transactions, it can be complicated to trace them without the proper know-how. In situations where a spouse might be concealing crypto assets, a family law attorney may enlist forensic experts to trace these assets, ensuring equitable distribution.

Tax Implications

Handling cryptocurrency in divorce isn’t just about division. There are tax implications to consider. Transferring cryptocurrency between parties might be seen as a taxable event, and potential capital gains tax may apply when one party decides to liquidate their share. Consulting with both an attorney and a tax specialist can provide a clear understanding of these potential consequences.

Guarding Your Interests

In light of the complexities surrounding cryptocurrencies in divorce, protecting your interests becomes paramount. Here’s how:

  • Documentation: Maintain thorough records of your crypto transactions. This aids in establishing the legitimacy of your claims.
  • Expertise: Partner with a family law attorney who is well-versed in cryptocurrency matters. Check out Atticus Family Law’s expertise on divorce and high-net-value divorce to gain insights.
  • Transparency: Being open about your assets can prevent potential legal pitfalls and further complications.

Cryptocurrencies and divorce is an evolving field, reflecting the broader shifts in society and technology. With stakes this high, seeking guidance from professionals like those at Atticus Family Law becomes essential. As we continue to navigate this digital age, being informed and prepared remains the best strategy.

Posted On

September 12, 2023

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