You can protect digital assets during your marriage and divorce

by | Aug 22, 2018 | Firm News, Property Division |

Digital assets may be an important part of your divorce. If that’s the case, then you need to know how to protect them. For many people, protecting digital assets starts before marriage.

Prior to getting married, you can seek digital asset protection through a prenuptial agreement. If you’re already married, then a postnuptial agreement may be an option for you. In either case, the goal is to make sure digital assets are kept separate or protected in the case of an eventual divorce.

Digital assets may not be in the physical realm, but that doesn’t mean that they don’t have a physical value. Some items have sentimental value, like photos of family members, while others have a real value. For example, a gaming account in a popular franchise could be worth hundreds or thousands. Bitcoin accounts could be worth a pretty penny, too. So, what can you do to protect your digital assets?

If you haven’t married, make sure you include these assets in your prenuptial agreement. Agree to maintain separate accounts, and don’t mingle funds or assets together during your marriage. Get an appraisal of your digital funds, too, so you know what they’re worth.

If you are going through a divorce with no prenuptial agreement, then digital assets can be complicated. What is beneficial is that many items can be copied, so you can literally share it with the other party instead of worrying about dividing the assets. Other items, like Bitcoins or valuable digital assets, might have a value that the court considers during the property division phase of your divorce. You’ll need to include these items in your settlement in some cases, unless they’re completely separate assets.