How to Handle a Divorce When You Have Jointly Owned Digital Assets | Los Angeles Divorce
I’m Tim Blankenship of Divorce661. When couples go through a divorce today, they often think first about homes, bank accounts, and retirement plans. But increasingly, meaningful value lives online: cryptocurrency wallets, monetized YouTube channels, e-commerce stores, NFTs, and shared social media revenue. These digital assets deserve the same careful attention as any other marital property.
Why digital assets matter in a divorce
When people think about dividing assets in a divorce, they usually think about homes, bank accounts, and retirement plans.
That line still holds true, but ignoring digital property risks leaving valuable — and sometimes complicated — assets unaddressed. Digital assets can generate ongoing income, appreciate or depreciate rapidly, and be difficult to access without the right credentials. Handling them correctly up front will reduce disputes and protect both parties’ interests.
Step 1 — Identify what you own
Start with a thorough inventory. Digital assets to look for include:
- Cryptocurrency wallets and exchange accounts
- Monetized blogs, YouTube channels, Patreon accounts, or other creator platforms
- E-commerce storefronts (Etsy, Amazon, Shopify), online inventory, and affiliate links
- NFTs, domain names, and digital art collections
- Digital media libraries and subscription accounts that generate revenue
- Accounts with stored value, loyalty points, or virtual property in games/apps
Step 2 — Classify ownership: community vs. separate property
In general, assets acquired or created during the marriage are treated as community property (subject to division), even if only one spouse managed them. That means a crypto wallet funded with marital income, a blog launched during the marriage, or an online store started while married will typically be community property.
However, assets obtained before marriage or received as an inheritance or gift may be separate property. Documentation and clear timelines matter here — receipts, transfer records, and account creation dates can support your position.
Step 3 — Valuation: agree on how to value a digital asset
Valuing digital property can be tricky because many of these assets fluctuate in value or generate income over time. Consider these approaches:
- Snapshot valuation date: For volatile assets like cryptocurrency, agree on a specific date and time to determine fair market value.
- Income capitalization: For monetized businesses or channels, consider current revenue and projected future earnings. Use conservative, well-documented projections and, when appropriate, work with valuation professionals.
- Market comparables: For NFTs, domain names, or online stores, comparable sales and market demand can inform value.
Step 4 — Practical division strategies
Once identified and valued, digital assets can be divided in several ways depending on practicality and preference:
- Buyout: One spouse keeps the asset and compensates the other with cash or other property of equivalent value.
- Liquidation: Sell the asset and divide proceeds. This is sometimes simplest for hard-to-split items (e.g., a single NFT).
- Revenue-sharing: Create a documented plan to share future income for a defined period, with clear accounting rules and dispute resolution.
- Access-based split: Divide login access, responsibilities, and percentages for ongoing accounts. Consider formalizing how passwords are handled and what happens if one party breaches the agreement.
Practical tips when dividing digital accounts
- Document account ownership, creation dates, and contributions.
- Create a written agreement that details how revenue is calculated and distributed.
- Set a clear end date for temporary revenue-sharing arrangements, or provide an exit/buyout mechanism.
- Include enforcement and audit rights so both parties can verify earnings.
Real-life example: winding down an e-commerce store
We assisted a couple who had jointly run a successful e-commerce store. They agreed to close the business, but were unsure how to split revenue from outstanding orders and affiliate links that would keep generating income after separation.
Instead of leaving it vague, we helped them create a short-term post-divorce revenue plan and put it in their settlement agreement. That plan specified:
- How to account for outstanding orders and returns
- The percentage split for affiliate and referral payments
- How long the revenue-sharing period would last
- Reporting requirements and an audit clause
Including these details up front prevented confusion and future disputes.
Work with professionals
Digital assets often require specialized knowledge. We frequently collaborate with valuation professionals, forensic accountants, and digital asset experts to:
- Provide accurate, defensible valuations
- Structure buyouts or revenue-sharing agreements
- Draft clear judgment language that makes an agreement enforceable
Clear, precise language in your divorce judgment protects both parties and reduces the chances of future litigation over what was intended to be a final settlement.
Action steps if you’re facing a divorce with digital assets
- Conduct a full digital asset inventory and preserve evidence (screenshots, statements, export data).
- Gather documentation: account creation dates, transaction histories, and business records.
- Agree on valuation dates and methods where possible.
- Consider short-term revenue-sharing plans for ongoing income streams.
- Work with valuation experts and attorneys to draft enforceable settlement language.
Conclusion
Digital assets are increasingly a significant part of marital estates. Treat them with the same diligence as real property or retirement accounts. If you need help identifying, valuing, or dividing online property — from crypto wallets to monetized channels or e-commerce stores — we can help you create a fair, enforceable plan that prevents future disputes.
To discuss your situation, visit Divorce661.com for a free consultation. We’ll help you assess what you own, create a fair division strategy, and make sure nothing valuable slips through the cracks — digital or otherwise.