Digital Assets in Divorce: How to Divide Cryptocurrency, NFTs & Online Businesses

How to divide digital assets and cryptocurrency in divorceIn today’s digital economy, accumulated marital wealth doesn’t just sit in real estate or retirement funds. Many couples now hold assets in cryptocurrency, NFTs (non-fungible tokens), and online business stakes. When divorce happens, these “digital assets” become part of the property division process. But because they’re newer and often complex, dividing digital assets can be more challenging than dividing tangible assets like a house or savings account.

Who gets the eBay storefront, crypto wallet, or digital artwork? Here’s what you need to know if dividing online or digital assets are required in your divorce.

Equitable Distribution in New Jersey

New Jersey follows the principle of equitable distribution when dividing property in divorce. This doesn’t necessarily mean a 50/50 split. Instead, courts aim for a fair division based on factors such as:

  • The length of the marriage.

  • Each spouse’s income and contributions.

  • The value of assets and debts.

  • The needs of each spouse moving forward.

Any assets acquired during the marriage — whether traditional or digital — are generally considered marital property and are subject to equitable distribution.

Cryptocurrency & Divorce

Cryptocurrency (e.g., Bitcoin, Ethereum, or other tokens) can be especially difficult to divide because of its volatility and potential for concealment. Common issues include:

  • Valuation: The value of cryptocurrency can fluctuate dramatically, even day to day. Courts often use the date of the complaint filing or another agreed-upon date to determine value.

  • Disclosure: Full disclosure of crypto holdings is required in divorce, but because wallets can be hidden, attorneys may need to use discovery tools and financial experts to trace and verify assets, including forensic analysis of computers and review of banking or credit card records used to fund crypto accounts.

  • Division: Crypto may be divided by transferring a portion of holdings to the other spouse, or one spouse may retain the crypto while the other receives offsetting assets of equal value.

NFTs (Non-Fungible Tokens)

NFTs represent ownership of unique digital items — artwork, music, collectibles, or even virtual real estate. While newer to the legal landscape, they are treated like any other property acquired during marriage:

  • Ownership & Value: Courts will examine when the NFT was purchased, with which funds, and its current appraised market value.

  • Be Wary of Appraisals: Because NFT markets are still emerging and values can be speculative, appraisals may vary widely. It’s important to work with trusted experts who understand digital marketplaces. For example, if your spouse claims that an NFT purchased for $20,000 a few years ago is now worth much less, this is a potential red flag that warrants further investigation and a trusted, expert opinion.

  • Division: Because NFTs are unique, they are usually not physically split. Instead, one spouse may retain the NFT, while the other receives an equivalent value in other assets or a cash buyout.

Online Businesses & Digital Income Streams

For many families, income comes from digital sources: eBay or Etsy shops, Amazon storefronts, influencer accounts, or YouTube channels. These businesses may generate significant revenue and therefore must be valued during divorce.

  • Valuation: Courts often bring in experts to assess business income and future earning potential. Accurate and accessible business records are critical.

  • Ownership: If the business was started and grown during the marriage, it is typically marital property. If it existed before the marriage, any increase in value during the marriage may be subject to division. The spouse most involved in running the business may be awarded a greater share of the asset.

  • Division: Spouses may agree that one keeps the business while compensating the other with a buyout or offset in assets. In some situations, the spouses may decide to continue running the business together, especially if it is online and does not require close contact. A separate agreement outlining business ownership and compensation is a must in this situation.

Protecting Yourself

Because digital assets can be complicated and are often hard to track, it’s essential to work with attorneys who understand the unique challenges involved.

Have questions about digital assets in your divorce? Contact Weinberger Divorce & Family Law Group today to schedule a consultation with one of our experienced attorneys. We’re here with the experienced help you need to get the best settlement in your divorce. Call us today at 888-888-0919.