How to Divide Cryptocurrency During a Divorce

Cryptocurrency is becoming more and more popular, but what happens when one party in a divorce wants to keep their cryptocurrency?  Or even when the couple wants to divide it? Here are some tips on how to divide cryptocurrency during a divorce.

Firstly, it’s important to understand that cryptocurrency is not just a form of money. It’s also a way to store and trade information. This means that it can have a lot of value depending on the condition and rarity of the coin.

To determine the value of cryptocurrency in a divorce, couples should consult with an expert or use an online tool like CoinMarketCap.com. Generally speaking, coins worth more than $1,000 will be more difficult to divide than those worth less.

Once the value of cryptocurrency is determined, divorcing couples will need to figure out how to divide it. This can be tricky because cryptocurrencies are not typically liquidated into cash or other forms of currency. This means that they cannot simply be divided by number or amount held. Instead, couples may need to come up with another solution, such as setting up a trust account for each party in which they can access their respective coins without needing to involve the other party directly.

Make Sure You Have The Right To Keep Your Cryptocurrency

Cryptocurrency is a digital or virtual currency that uses cryptography to secure the transactions and to control the creation of new units. Cryptocurrencies are decentralized, meaning they are not subject to government or financial institution control.

When dividing cryptocurrency between spouses, keep in mind that each spouse may have different levels of expertise and understanding about how to value and trade cryptocurrencies. It can be helpful to have an impartial third party do the valuation and division, such as a financial advisor.

When you get divorced, it can be difficult to determine who owns what assets. If you own cryptocurrency, it’s important to make sure you have the right to keep it. Generally, your property will be divided according to state law, or your property division agreement in an amicable divorce. It could also be considered separate property depending upon the laws of your state. As always, if you have questions that require the input of a legal or tax professional, you should make an appointment with one to discuss your particular needs.

Create A Separate Wallet For Your Crypto

If your marriage is ending, it’s important to think about the future of your cryptocurrency holdings. You may want to create a separate wallet for your coins if you’re planning on dividing them up in a divorce, so that each spouse has their own unique wallet. This will make tracking and managing your assets easier.

Send Your Coins To An External Address

When separating, some couples wind up deciding to trade cryptocurrencies rather than cash. They can also be sent directly to an external address without involving a third party, which can make splitting them easier for everyone involved.

Start Writing Down All Of Your Transactions And Their Details

Cryptocurrencies are becoming more and more popular as a form of payment. While this can be great for people who use cryptocurrencies, it can also be a problem in a divorce. If one spouse uses cryptocurrencies as their primary form of income, it can be difficult to divide that income between the couple. Additionally, if one spouse is primarily using cryptocurrencies to pay bills or other expenses, it may not be possible to garnish that income in a divorce settlement.

Both parties in a divorce are required to provide documentation of all assets and expenses, so beginning to log these activities will save you headache later in having to gather and document all of that information. It can be even more important for an amicable divorce, since transparency is one of the best ways that both spouses can both come to a mutual divorce agreement.

Get Everything In Writing From Your Spouse

Cryptocurrencies like Bitcoin and Ethereum are gaining in popularity as a way to pay for goods and services. If you are considering using cryptocurrencies in your divorce – such as making payments to the other spouse to purchase an asset, or for splitting the crypto as part of the divorce proceedings – it is important to get everything in writing. Documentation is always a best practice. This will help protect both of your interests and prevent any misunderstandings about what is happening between you.

When you’re separating property, it’s important to document everything related to cryptocurrencies. This includes any contracts or agreements related to the cryptocurrency, deeds transferring ownership of the cryptocurrency, and bank statements showing account balances. If there are any questions about whether something falls within the definition of “property,” get documentation from both sides as proof.

File Taxes On Any Crypto Gains Or Losses as They Occur

If you have cryptocurrency holdings during your divorce, will you have to file taxes on them? It depends on how long you held the cryptocurrency and whether it was a profit or loss. If you sold the cryptocurrency and it was a loss, then you may have to report that on your tax return. You want to keep up with these things as they occur so that they do not impact your divorce. 

If you held the cryptocurrency for more than a year, you may have to report it as an asset on your marital income tax filings. This is because cryptocurrencies are treated as assets for tax purposes.

Conclusion

Divorce can be tough, but it doesn’t have to end your access to cryptocurrencies. Follow these steps and you’ll be able to keep your assets safe and protected during the process.

Remember, we are not attorneys, and our articles should not be taken as legal advice. We always recommend that you consult a professional if you have specific questions related to your personal circumstances.