PLM Family Law

Legal considerations when dividing digital assets in a divorce

Dividing assets in a divorce can be challenging, especially when it includes digital assets. As technology advances, couples often share online accounts, cryptocurrencies, digital photos, and other virtual possessions. 

Identifying digital assets

First, identify all digital assets. These include online banking accounts, social media profiles, emails, and subscription services. Also, consider digital media like photos, videos, and e-books. You may also have cryptocurrencies, NFTs, or other virtual investments. 

Valuing digital assets

After identifying digital assets, the next step is valuing them. Some assets, like cryptocurrencies, have clear market values. Others, such as social media accounts or digital photo collections, are harder to value. It may be necessary to consult with financial experts who specialize in digital assets. They can help determine the fair market value of these items.

Dividing digital assets

Dividing digital assets during divorce involves more than just splitting them in half. Some assets may not be easily divisible. For example, an online business or a cryptocurrency account might need special handling. You may need to negotiate with your spouse to decide who gets what. 

Tax implications

Be aware of the tax implications of digital asset division. Some digital assets may have tax consequences when transferred or sold. Proper planning can help avoid unexpected tax liabilities.

Legal documents and access

Ensure all legal documents reflect the division of digital assets. Update passwords and security settings to prevent unauthorized access. It includes changing login details for online accounts, updating email addresses, and ensuring both parties have access to shared assets until the division is complete. 

Moving forward with digital clarity

Navigating digital asset division requires careful planning and consideration. Always stay organized and seek professional advice when needed. This approach will help you manage digital assets effectively during your divorce.