Divorce in today’s digital world brings a new layer of complexity. Alongside houses, retirement accounts, and traditional savings, many New York couples now share digital assets, some of which can be highly valuable or difficult to trace.
From cryptocurrency to monetized social media channels, understanding how these assets are treated under New York family law is essential. If you're facing divorce, knowing your rights and responsibilities can help protect your financial future.
What Counts as a Digital Asset in Divorce?
Digital assets refer to any property or financial value that exists primarily in electronic form. In a New York divorce, these assets are subject to equitable distribution if they were acquired or appreciated in value during the marriage. Examples include:
- Cryptocurrency (Bitcoin, Ethereum, etc.)
- Online bank and investment accounts (PayPal, Venmo, Robinhood, Coinbase)
- NFTs and digital collectibles
- Monetized blogs, influencer accounts, or YouTube channels
- Domain names and intellectual property stored digitally
- Stored value and loyalty accounts (Amazon, eBay, airline miles, etc.)
Even if the account is only in one spouse’s name, it may still qualify as marital property if acquired or enhanced during the marriage.
Equitable Distribution in New York: How It Applies to Digital Assets
New York follows equitable distribution, meaning marital property is divided fairly—not necessarily equally. The court evaluates factors such as:
- Length of the marriage
- Each spouse’s financial and non-financial contributions
- Future financial prospects
- Which spouse actively managed or contributed to the asset
Digital assets often fluctuate in value or involve shared access. Accurate records, including account statements and valuation dates, are essential to ensure fair treatment.
How Cryptocurrency Is Handled in a New York Divorce
Cryptocurrency remains one of the most misunderstood, and hidden, digital assets in divorce. Courts consider:
- Mandatory Disclosure: Each spouse must fully disclose any crypto assets held in digital wallets, exchanges, or cold storage.
- Valuation Dates: Courts may use the date of separation, filing, or trial depending on market swings.
- Asset Tracing: Crypto purchased before marriage might remain separate, but appreciation during the marriage could be marital.
- Investigations for Hidden Assets: If one party suspects hidden coins or wallets, digital forensic experts may be needed.
Ultimately, the court may split crypto directly, assign it to one spouse with a financial offset, or order liquidation if needed.
Online Revenue Streams, IP, and Investment Platforms
Digital property extends far beyond cryptocurrency. Courts are increasingly dividing value from online platforms such as:
- Brokerage and e-investment platforms
- Social media accounts with ad revenue or sponsorships
- eCommerce stores or apps generating income
- Digital works and NFTs with marketplace value
These assets may seem personal, but if they produce income or were developed during the marriage, they are often considered marital property.
How to Protect Your Digital Financial Interests
Digital assets can be easy to forget, but their financial impact is very real. Here’s how to safeguard your interests:
- Create a full inventory of all digital accounts, logins, and platforms
- Secure access through updated passwords and two-factor authentication
- Preserve transaction histories, value snapshots, and account records
- Work with a divorce attorney experienced in identifying and valuing digital property
Contact the Law Office of Anthony J. LoPresti Today
Digital assets don’t have to complicate your divorce, but they do require a smart legal approach. At the Law Office of Anthony J. LoPresti, we help clients across Long Island and New York navigate the evolving challenges of digital property division with clarity and confidence.
Call The Law Office of Anthony J. LoPresti at (516) 252-0223 or fill out our online contact form to schedule a confidential consultation.