Digital Assets & Cryptocurrency in Florida Divorce
As technology continues to reshape how we invest and store value, digital assets like cryptocurrency, NFTs, and online accounts have become a significant part of marital estates. But during a Florida divorce, these digital assets can be difficult to identify, value, and divide. Proper handling of these assets during equitable distribution is essential to ensure fairness—and compliance with the law.
Are Digital Assets Marital Property?
Like any asset, digital holdings are subject to classification under Florida’s equitable distribution laws. If acquired during the marriage, cryptocurrency (e.g., Bitcoin, Ethereum), NFTs, or digital businesses are considered marital property and are generally divided between spouses.
Under Florida Statute § 61.075(6)(a), digital assets fall into the same category as traditional investments if they were bought using marital funds or earned as part of employment or income during the marriage.
Challenges in Valuation
Cryptocurrency poses unique valuation challenges due to market volatility and anonymous ownership structures. Values can fluctuate significantly between the date of filing and the date of trial. In such cases, courts rely on the same principles used in valuing fluctuating assets like stocks or real estate:
- Courts may value assets as of the date of filing, the date of trial, or another date deemed fair under the circumstances5 valuation of assets.
- The court may appoint or accept expert testimony to determine fair market value or apply valuation averages across several days to account for volatility.
Cryptocurrency is treated similarly to artwork or collectibles: it may require a specialist for valuation and verification of ownership.
Hidden Cryptocurrency and Asset Disclosure
Because cryptocurrency can be difficult to trace, there’s a growing concern over spouses attempting to hide assets in digital wallets. Florida courts require complete financial disclosure, and failure to disclose assets—including digital ones—can result in sanctions or reallocation of property. (Tip: Fraud, if discovered, allows the innocent spouse to overturn or set aside the parties’ agreement or the trial order – so do-not-hide assets.
Using forensic accountants with blockchain analysis tools is increasingly common when cryptocurrency holdings are suspected but not disclosed. If a spouse has a history of investing or mentions trading platforms, that may warrant further investigation.
Practical Examples of Digital Assets
Digital assets subject to equitable distribution may include:
- Bitcoin or altcoins held in digital wallets
- NFTs representing digital art or intellectual property
- Profits from monetized YouTube channels or online platforms
- Crypto-based retirement or savings accounts
- Digital intellectual property (e.g., app code, domain names)
Each of these must be valued, classified, and divided in the same manner as traditional investments.
If you have questions about equitable distribution or need guidance during your divorce, contact Rhoden Law Group at 321-549-3162 call/text or use the contact form on this site. We serve clients in Melbourne, Titusville, Viera, Palm Bay, the beaches, and throughout Brevard County.