Cryptocurrency has become an increasingly popular investment and asset class in recent years. As digital currencies like Bitcoin, Ethereum, and others continue to gain mainstream acceptance, they are also becoming more common in divorce proceedings. In New Jersey, as in many other states, the division of assets during divorce can be complex, and cryptocurrencies present unique challenges.
If you are going through a divorce in New Jersey and have cryptocurrency holdings, it’s crucial to understand how these assets are treated in the context of property division. This blog post will walk you through what you need to know about dividing cryptocurrency in a New Jersey divorce.
Cryptocurrency is Considered Marital Property
In New Jersey, like in most states, assets acquired during the marriage are generally considered “marital property” and subject to equitable distribution. This means that cryptocurrencies—whether Bitcoin, Ethereum, or any other type of digital asset—are treated as marital property if they were acquired during the marriage.
Valuing Cryptocurrency
One of the key challenges in dividing cryptocurrency in a divorce is determining its value. Unlike traditional assets like real estate or stocks, cryptocurrencies can be highly volatile and fluctuate significantly in value within short periods. To fairly divide cryptocurrency, both parties may need to agree on a date of valuation.
To establish an accurate value, it’s important to have detailed records of cryptocurrency transactions, such as:
- Wallet addresses
- Exchange transaction histories
- Purchase and sale dates
- Current market prices
Often, forensic accountants or financial experts who specialize in digital assets are brought in to trace and evaluate cryptocurrency holdings.
Hidden Cryptocurrency: A Growing Concern
Cryptocurrencies can be easily hidden from a spouse, and because transactions are pseudonymous, there is a risk that one spouse may try to conceal their digital assets during the divorce process. This makes it crucial for the other spouse to be vigilant in uncovering potential hidden crypto holdings.
Some common red flags to watch for include:
- Unexplained discrepancies in the value of assets or financial accounts.
- Use of privacy coins (e.g., Monero) or complex wallet structures that make it difficult to trace assets.
- Large or unexplained transfers of funds to unreported accounts.
If you suspect that your spouse is hiding cryptocurrency, it’s important to consult with a divorce attorney who has experience dealing with digital assets. A forensic accountant or cryptocurrency expert can help trace blockchain transactions to identify hidden assets.
Options for Dividing Cryptocurrency
Once the value of the cryptocurrency has been established, there are several ways it may be divided between spouses in a New Jersey divorce:
- Direct Transfer: One spouse may agree to give up their claim to the cryptocurrency in exchange for other assets of equivalent value (e.g., the marital home, retirement accounts, or other investments).
- Sell and Split: In some cases, the cryptocurrency may be liquidated, and the proceeds from the sale are divided between the spouses.
- Ongoing Ownership: If both spouses are comfortable with it, they might agree to co-own the cryptocurrency and split any future appreciation or income generated by it.
Each situation is unique, and the specific approach will depend on the preferences and circumstances of both spouses. The assistance of an experienced, creative attorney is crucial in negotiating and finalizing the best solution.
Tax Implications of Dividing Cryptocurrency
Another important consideration when dividing cryptocurrency in a New Jersey divorce is the tax implications. Cryptocurrency is considered property by the IRS, meaning it is subject to capital gains tax when sold or transferred.
When dividing digital assets, it’s essential to understand the tax consequences for both spouses. If cryptocurrency is sold or transferred as part of the divorce settlement, the selling spouse may be subject to capital gains tax on any increase in value since the asset was acquired. The spouse receiving the cryptocurrency may also face tax implications when they decide to sell or transfer the asset in the future.
Additionally, if cryptocurrency is considered marital property, it may be subject to tax liability even if it is not sold during the divorce proceedings.
How to Protect Your Cryptocurrency in a Divorce
If you’re concerned about protecting your cryptocurrency during a divorce, there are several steps you can take:
- Keep Detailed Records: Ensure that you have a thorough record of your cryptocurrency holdings, including transactions and wallet addresses.
- Use Separate Wallets: Consider using separate wallets for any crypto holdings you wish to keep separate from marital property.
- Consult Experts: Work with a financial expert who can help you trace cryptocurrency assets and establish their value.
Additionally, hiring an experienced divorce attorney who understands the nuances of cryptocurrency in the context of divorce is crucial to protecting your interests.
Conclusion
The division of cryptocurrency in a New Jersey divorce can be a complex and challenging process, but with the right preparation and expert guidance, you can navigate the process more effectively. Whether you’re dealing with Bitcoin, Ethereum, or other digital currencies, it’s important to understand how these assets are treated under New Jersey’s equitable distribution laws.
If you have cryptocurrency holdings and are going through a divorce, be sure to consult with a family law attorney who has experience with digital assets. By taking the necessary steps to properly value and divide your cryptocurrency, you can ensure a fair and equitable outcome for both parties.
Contact Stark & Stark’s family law department to learn more about what your case requires to be successful today.
