Cryptocurrency and Divorce

Cryptocurrency is an increasingly common asset in divorce cases. Whether you’re holding Bitcoin, Ethereum, or another digital currency, it’s important to correctly disclose and value these assets as part of your divorce. This guide explains how to divide cryptocurrency in your divorce paperwork and provides guidance for states that require detailed financial affidavits.

1. Disclosure of Cryptocurrency Assets

Full financial disclosure is required in all uncontested divorces, including disclosure of digital assets like cryptocurrency. In some states, the divorce paperwork includes a detailed financial affidavit or statement that must list all income, expenses, assets, and debts. If you or your spouse owns any cryptocurrency—whether held in an exchange (e.g., Coinbase, Binance) or in a personal wallet—it must be disclosed just like any other financial asset.

Tip: Failure to list assets, including cryptocurrency, on financial affidavits in the states that require them, could result in court rejection of your divorce documents or future legal consequences.

2. Valuation of Cryptocurrency

Cryptocurrency values can fluctuate significantly from day to day. For divorce purposes, you’ll need to assign a dollar value to each crypto account as of a specific date—usually the date of separation or the date the settlement agreement is signed.

To determine value:

• Log into the crypto exchange or wallet where the account is held.
• Record the number of coins or tokens and the market value per unit.
• Multiply to determine the total account value.
• Note the date you calculated the value.

Example: If you held 0.5 Bitcoin and Bitcoin was trading at $60,000 on the date you’re using, the account value would be $30,000.

Some states may also require supporting documentation, such as screenshots or transaction histories. Check your state’s financial affidavit instructions to see what’s required.

3. How to List Cryptocurrency in a Divorce

The exact steps for entering cryptocurrency will depend on the program, app, or form-filling service you’re using. In DivorceWriter's online interview, the page where you list property varies slightly depending on the state. In many states, crypto assets should be listed with other financial accounts, like bank accounts or investment holdings. In other states, crypto assets should be listed in an “Additional” or “Other” property category.

• States with detailed property subsections: If your state’s online interview includes a section for investment or financial accounts, list the cryptocurrency account there. Be sure to include the platform (e.g., Coinbase), type of cryptocurrency, and the dollar value.
• States with a single “Additional Property” section: In some states, the DivorceWriter online interview provides a general property section where any additional or less common assets can be listed. In these cases, cryptocurrency should be listed here using the same format.

Note: If your state requires you to complete a separate financial affidavit or asset statement, cryptocurrency must also be listed in the appropriate section on that form.

If you're unsure where to list your cryptocurrency or have questions about your state’s financial affidavit requirements, the filing procedures included with your DivorceWriter documents will provide guidance. As always, if you’re unsure about legal requirements in your state, consider consulting a local attorney.

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