Dividing Cryptocurrency Portfolios in High-Asset Divorce Cases

As digital currencies like Bitcoin and Ethereum gain popularity and dominate the headlines, they are also starting to become part of more high-asset divorce cases. It’s crucial to understand how these digital assets are handled, whether you have minimal understanding of cryptocurrency or you are the spouse who dabbles in trading.

Let’s talk about your crypto concerns in your divorce. Call Pence Law Firm at 304-345-7250 to set up a time to talk.

Identifying and Tracking Down Cryptocurrency Assets

Determining if cryptocurrency is part of your shared assets is the first step. Start by checking tax returns and bank accounts for any signs of digital currency transactions. While crypto is largely considered to be untraceable, you generally buy it with standard currency and must report gains on tax returns.

You should also look at digital wallets where cryptocurrencies are stored. If the phrase “digital wallet” is a complete mystery to you but you suspect your spouse has crypto assets hidden away, a forensic accountant may be your next call.

Valuing Cryptocurrency in Divorce

Determining the value of cryptocurrency during a divorce can be tricky because its price can change quickly. It is naturally much more volatile than standard currencies. To get a fair value, you might want to look at the average prices from several different exchanges over a certain time. This method may help balance out the rapid changes in price.

Consulting a financial expert who knows about digital currencies may also give you a better idea of your cryptocurrency’s value. Since digital currencies are unique, having a clear understanding of their value will help make the division process smoother and more fair for both parties.

Legal Considerations

Given the complexities involved in dividing cryptocurrency, consulting a lawyer experienced in high-asset divorces should be non-negotiable. Legal professionals can guide you through disclosure obligations and the valuation process.

Dividing Cryptocurrency Equitably

Dividing cryptocurrency during a divorce is similar to dividing any other asset; West Virginia is an equitable distribution state, and cryptocurrency purchased during the marriage will likely be considered marital property. The court will look at various factors to decide what is fair for both parties. These factors may include the length of the marriage, each person’s role in acquiring the assets, and future financial needs.

One way to divide cryptocurrency is to split it equally between both parties. This means each person gets an equal share of the digital currency. Another option is to sell the cryptocurrency and divide the money from the sale. This can simplify things, especially if one party is inexperienced with digital currencies and doesn’t want to deal with the stress. A third option is to let one person keep the cryptocurrency while the other gets different assets of equal value. This might work if one person has a greater interest in keeping it.

Each approach has its own pros and cons. Splitting the digital currency equally can be fair but might be complicated due to the fluctuating value of cryptocurrency. Selling it and dividing the proceeds is straightforward but could lead to tax issues and an unpleasant tax bill next April. Assigning ownership to one party requires careful valuation to ensure the other party gets assets of equal worth.

Doing What’s Best for You

To protect your interests, stay informed and actively involved in the financial aspects of your divorce. Keep detailed records of all assets, including cryptocurrency. Avoid common mistakes like ignoring potential tax implications or failing to secure your digital wallets. Make sure to back up any important information related to your digital currency, such as keys and passwords. Hiring financial and legal experts can offer valuable advice and help prevent costly mistakes. They can guide you through the complexities and ensure your rights are protected. Stay proactive and vigilant to avoid any pitfalls and make sure you get a fair share of the assets.

Let’s Talk—Our Team is Here for You

The team at Pence Law Firm can help you navigate your high-asset divorce and work toward a division of assets that gives you the financial stability you need as you start your new chapter. Schedule a consultation now by calling us at 304-345-7250 or connecting with us online.