Who Keeps the Crypto? Understanding Digital Assets in Family Law Property Settlements
In today’s digital age, separating couples aren’t just dividing the family home, cars, and superannuation—they’re also grappling with digital assets. From Bitcoin wallets to valuable NFTs, streaming accounts, and online businesses, these assets can carry real financial and sentimental value.
But how do Australian family courts deal with digital property? And what do you need to know if you or your partner own assets that live entirely online?
What Are Digital Assets?
Digital assets can include:
Cryptocurrency (Bitcoin, Ethereum, and others)
Non-fungible tokens (NFTs)
Online investment accounts
E-commerce stores
Digital media libraries (music, movies, games)
Domain names and websites
Social media accounts with commercial value
These assets may seem intangible, but they can be worth thousands—or even millions—of dollars.
How Are Digital Assets Treated in a Separation?
In Australia, the Family Law Act requires all assets, including digital ones, to be disclosed, valued, and considered in a property settlement. However, digital assets can be more complex to:
Identify (some assets are held anonymously or offshore)
Value (cryptocurrencies can fluctuate wildly)
Divide (it may not be practical to split digital assets directly)
If one party fails to disclose digital assets, it can lead to an unfair settlement and potential legal consequences.
Protecting Your Digital Interests
If you or your partner hold significant digital assets:
Be transparent—full disclosure is mandatory under Australian family law.
Keep records—screenshots, wallet addresses, account statements, and transaction histories are important.
Seek professional advice—engaging a lawyer experienced in digital asset matters is essential.
Act quickly—digital assets can be easily transferred or hidden, so prompt action helps protect your interests.
Why It Matters More Than Ever
With the rising popularity of crypto and online businesses, digital assets are no longer niche—they’re mainstream. A fair property settlement today must account for all assets, including those stored in the cloud or on a blockchain.
At Omnia Legal, we understand the complexities of modern relationships and finances. We’re here to help you navigate the evolving landscape of digital property settlements with clarity and confidence.