Protecting Digital Assets and Cryptocurrency in a Florida Divorce
The Rise of Digital Assets in Divorce Cases
As digital wealth becomes mainstream, cryptocurrency divorce, NFTs, and other digital assets are showing up more frequently in Florida divorce proceedings. These modern investments can complicate property division, particularly when one spouse controls the accounts or hides holdings.
Under Florida’s equitable distribution laws, both traditional and digital assets acquired during the marriage are typically considered marital property. This means they must be fairly divided, not necessarily equally. To learn more about how Florida divides assets, visit our page on divorce or dissolution of marriage.
Understanding What Qualifies as a Digital Asset
Digital assets include a wide range of holdings, such as:
- Cryptocurrency:Bitcoin, Ethereum, Litecoin, and others held in exchanges or digital wallets
- NFTs (Non-Fungible Tokens):Digital collectibles and artworks tied to blockchain technology
- Online Businesses:Revenue-generating websites, YouTube channels, or e-commerce stores
- Digital Wallets and Pay Apps:Accounts in Venmo, PayPal, or Cash App that hold significant funds
- Virtual Investments:Assets held through metaverse platforms or digital brokerage firms
All these can fall under marital property if obtained during the marriage, regardless of who made the purchase.
The Challenge of Valuing Cryptocurrency
Unlike a home or savings account, cryptocurrencies fluctuate dramatically in value—even daily. This volatility makes determining a fair value tricky. Courts typically rely on:
- Exchange statementsshowing the value at specific dates
- Blockchain recordstracing ownership and transactions
- Expert appraiserswho specialize in digital asset valuation
Proper documentation is critical. If assets are hidden or undervalued, the court may issue discovery requests or subpoenas to reveal them. This process can be complicated, so having an experienced family law attorney is vital. Learn more about how our firm assists clients with high-asset divorce cases.
Protecting Your Digital Assets
To safeguard your digital wealth during divorce, consider the following steps:
- Disclose everything honestly— failing to do so can result in legal penalties.
- Keep detailed records— save transaction logs, exchange statements, and wallet addresses.
- Use third-party valuation experts— they can provide credible, court-admissible estimates.
- Secure private keys and passwords— never share access until ordered by the court.
- Consult a Florida family law attorneywho understands crypto and digital property.
Transparency and accurate reporting protect both parties and minimize disputes.
What Happens If a Spouse Hides Cryptocurrency?
Hiding crypto assets is more common than many realize, but Florida courts take a strict stance. If a spouse is found concealing assets, the court can impose sanctions, modify distribution, or award a greater share to the other spouse.
An attorney experienced in discovery can trace transactions across digital wallets and exchanges. Our team at Gisondo Law has worked with forensic accountants and technology experts to uncover hidden marital assets in complex cases.
Final Thoughts
Digital assets and cryptocurrency introduce new challenges to divorce law, but Florida courts continue adapting to these evolving forms of wealth. Proper disclosure, accurate valuation, and experienced legal guidance are the keys to ensuring a fair outcome.
If you own or suspect your spouse owns cryptocurrency or other digital assets, contact Gisondo Law. We can help you protect what’s rightfully yours and navigate this emerging area of Florida family law with confidence. For more information and to schedule a free, initial, in-office consultation please call the office at 561-530-4568. To learn more about Gisondo Law visit their website https://gisondolaw.com.