Lardiere, McNair & Stonebrook is a General Practice firm, but a large portion of our practice and experience lies in Domestic cases like divorce, and custody litigation.

Divorce can be overwhelming—emotionally, financially, and legally. And now, there’s a new layer to consider: digital assets. From cryptocurrency to social media accounts, these modern forms of property are becoming a growing issue in divorce cases.

If you're going through a divorce, it's important to understand what digital assets are, how they might be handled in your case, and how to protect yourself.

What Are Digital Assets?

Digital assets are anything you own or earn online. Some of the most common examples in divorce cases include:

• Cryptocurrency (Bitcoin, Ethereum, etc.)
• NFTs (Non-Fungible Tokens, often digital art or collectibles)
• Social Media Accounts with financial or business value (like Instagram influencers or monetized YouTube channels)
• Online Businesses (Etsy shops, e-commerce sites, etc.)
• Domain Names or Websites
• Rewards Points or digital wallets with cash balances (PayPal, Venmo, etc.)

Even if they seem invisible or hard to understand, these assets can carry real financial value and must be considered during the division of property.

Cryptocurrency: The Hidden Asset

One of the trickiest digital assets in a divorce is cryptocurrency. Unlike a traditional bank account, crypto can be stored anonymously in digital wallets and may not be easy to track. If your spouse has invested in or traded crypto, it’s important to let your attorney know. They can work with forensic experts to uncover hidden assets and make sure everything is accounted for.

Social Media and Online Income

You might not think a TikTok account or YouTube channel matters in a divorce, but if it brings in income, it’s likely a marital asset. Influencer deals, ad revenue, and followers built during the marriage may all have value. In some cases, courts will look at current and future earning potential when deciding how to divide these types of digital assets.

Why Passwords and Access Matter

Even if you know about a digital asset, you may not be able to access it without login information. During a divorce, it’s essential to document what you have access to and what your spouse controls. Courts can order the sharing of passwords or the transfer of account ownership—but only if they know the asset exists.

How to Protect Yourself

Here are a few steps you can take to protect your digital rights during a divorce:

1. Make a List – Write down all digital accounts, assets, and online income sources you or your spouse use.
2. Tell Your Attorney – Don’t assume something isn’t valuable just because it’s online. Bring it up.
3. Preserve Evidence – Take screenshots, save emails, and keep financial statements related to online platforms.
4. Avoid Deleting Anything – It could hurt your case and may be seen as tampering with evidence.
5. Think Ahead – If your spouse owns a profitable online brand or asset, that may impact support or property division.

The Bottom Line

Divorce in the digital age isn’t just about who gets the house or the car. It’s about understanding all the assets—especially the ones hiding in plain sight on screens and servers. With the right legal guidance, you can make sure your digital assets are properly disclosed, fairly valued, and equitably divided.

Marisa Ray-Gooden is a Paralegal at Lardiere McNair & Stonebrook, Ltd., LPA.

Disclaimers: Artificial intelligence is used as a tool to supplement, enhance, make suggestions, and generate blog language from the thoughts, ideas, and opinions of our human lawyers.  The final product is reviewed and edited by an attorney. 

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