Navigating Crypto in Divorce: The Basics of Disclosure

The rise of crypto and the emergence of decentralised finance has influenced how individuals invest their money. As such, divorcing couples may have crypto assets owned by either person. Given the nature of cryptocurrency and the vast terminology involved, it may be confusing. Like any asset, they must be disclosed, and documentation should be provided to help with disclosure.

Is Crypto Currency relevant for disclosure?

Crypto currency overall still is a financial asset and, as such, should be considered as part of the marital pot and should be included within the disclosure process. Due to the volatile nature of the crypto world, it is also suggested that it should be treated like shares where a share price may rise and fall on a daily basis and be subject to market fluctuations. Up-do-date valuations of the crypto assets throughout the process, to accurately assess the value of the asset will be necessary.

What information do I need?

To assist in disclosure, you will need to obtain the details of your crypto “wallet” and the value contained within. A “wallet” is a crypto-focussed term which can be explained as your account, i.e., where the crypto is stored. There are two common types of crypto wallets, ‘hot’ which are connected to the internet, and ‘cold’ which is held offline and could be on a device similar to a USB stick.

You should also obtain the “public key” of your crypto “wallet” as this is the equivalent to an account number. This key can be shared to validate ownership. No one can access the wallet to withdraw, but individuals would be allowed to send crypto to the wallet using the “public key”. A “private key” is the equivalent of a pin number for a traditional bank, and this will allow access to the wallet and manage the crypto. A “private key” is not required for disclosure and should be kept private.

Conclusion

Handling disclosure and crypto assets is easier with a trained legal professional. We can help assist with completing financial disclosure and enabling negotiations for a fairer settlement between you and your spouse.