What Happens to Your Bitcoin in a Divorce

[SuperBitMan]

A friend of mine asked me the question today, he said what will happen to my bitcoin in a divorce?

Some people have not actually thought about this because there mind have not gone to that area, however in a case like this even if you are the only person that has access to that wallet that the bitcoin is, it is not automatically excluded from consideration during divorce proceedings.
The court is actually going to look at, when the Bitcoin was acquired, the source of the funds, the contributions of both spouses, the evidence of ownership or control, the value of the asset and many more depending on the country.

All this will be considered before the court will decide on what to do or rule.

However you all should understand that how the court will treat the matter is actually based on your jurisdiction and how your law operates.

Should Bitcoin held in a personal wallet be treated differently from other assets during divorce proceedings?

What are your thoughts on this.

For those who may say don’t tell your spouse you are accumulating and holding bitcoin, what if you die unexpected what happens to all your bitcoin.

[zasad@]

A friend of mine asked me the question today, he said what will happen to my bitcoin in a divorce?

Some people have not actually thought about this because there mind have not gone to that area, however in a case like this even if you are the only person that has access to that wallet that the bitcoin is, it is not automatically excluded from consideration during divorce proceedings.
The court is actually going to look at, when the Bitcoin was acquired, the source of the funds, the contributions of both spouses, the evidence of ownership or control, the value of the asset and many more depending on the country.

All this will be considered before the court will decide on what to do or rule.

However you all should understand that how the court will treat the matter is actually based on your jurisdiction and how your law operates.

Should Bitcoin held in a personal wallet be treated differently from other assets during divorce proceedings?

What are your thoughts on this.

For those who may say don’t tell your spouse you are accumulating and holding bitcoin, what if you die unexpected what happens to all your bitcoin.

You should not tell your spouse about cryptocurrency held in a non-custodial wallet if you are planning to divorce.

The simplest method is to draw up a will and pass on your 12–24-word recovery phrase to your loved ones. However, you should use a wallet with a passphrase known only to them, if others discover your seed phrase, they will not be able to access the cryptocurrency.

[_act_]

I can not remember the year, but I remember I have read a news of a woman that her and her husband divorced. He suspected her husband and told an analytic company to help track him to know if he has cryptocurrencies. Her ex-husband has huge amount of money in coins, but I did not remember the name of the coin. The woman sued him and collected her own part of the coins.

But I will stio prefer not to declare my coins.

[noorman0]

-snip-
Should Bitcoin held in a personal wallet be treated differently from other assets during divorce proceedings?

If you view Bitcoin as an asset, then legally, it is treated no differently. You have already addressed the issue of divorce settlements yourself; the point I would like to add is that there are some jurisdictions that have not yet even regulated Bitcoin. In such a situation, one could potentially exclude Bitcoin from divorce proceedings, though doing so is never morally justifiable.

-snip-
For those who may say don’t tell your spouse you are accumulating and holding bitcoin, what if you die unexpected what happens to all your bitcoin.

Nothing happens to it; it simply remains on the blockchain until someone gains access to the key.

[Lucius]

In most countries there are clear laws on how assets are divided in the event of a divorce, but I'll just say that if I invest in Bitcoin exclusively from my income and keep it private, then someone tell me that I should give 50% to my wife if we get divorced? Assets and money should be divided in such a way that everyone gets half of what was jointly acquired during the marriage.

In the event of death, everything belongs to the surviving spouse or next of kin, unless the deceased left a will stating otherwise. Of course, such a will can always be the subject of dispute, which sometimes happens.

[notocactus]

A friend of mine asked me the question today, he said what will happen to my bitcoin in a divorce?

Should Bitcoin held in a personal wallet be treated differently from other assets during divorce proceedings?

What are your thoughts on this.

This topic is discussed many times, and let me test my memory to search with Bitlist.co

Celebrities Embracing bitcoin because of Divorce?
My buddy is getting a divorce. Can the court seize half of his bitcoins?
Bitcoin and Divorce: A Match Made in Heaven?
Financial infidelity and hidden bitcoins.
WHAT HAPPENS WHEN YOU HAVE A NASTY DIVORCE AND A FAT BTC WALLET?
Wife discovers husband's hidden Bitcoin during divorce proceeding
Should couples invest in Bitcoin together or keep separate portfolios?
Can I hide all my assets from my wife using Bitcoin and what's the best way?

I think it's enough and I don't waste my time to find more threads about it.

[Wiwo]

Bitcoin acquired during the marriage will be treaded as property's, same as real estate and other stock assets, but the question now is how and where those Bitcoins are being held.

We can treat bitcoin as a personal privacy assets, that is for those that are planning for divorce, meaning you must keep your bitcoin holdings away from the knowledge of your spouse.

Bitcoin that are purchased during the marriage regardless in who's wallet or name, in the marital law should be divided same way with the others, privacy becomes the key then since bitcoin is decentralised.

[Hatchy]

What are your thoughts on this.[/b]

For those who may say don’t tell your spouse you are accumulating and holding bitcoin, what if you die unexpected what happens to all your bitcoin.

Well, I'm happy.. or should I say I'm happy? Never mind. I'm not from a country where strict laws apply during divorce. I mean, why would I want to give 50% of my Bitcoin to my divorced wife? It's fine if the law takes 50% of everything else, but definitely not my coins. That's why I believe no one should know about your Bitcoin holdings in the first place. However, because of inheritance issues, we often have to consider different ways to make sure our loved ones can access them if something happens to us.

Honestly, I don't like the idea of having your Bitcoin split during a divorce because it's a risk you took on your own, not something you necessarily took together with your spouse.

[bitmover]

Should Bitcoin held in a personal wallet be treated differently from other assets during divorce proceedings?

What are your thoughts on this.

For those who may say don’t tell your spouse you are accumulating and holding bitcoin, what if you die unexpected what happens to all your bitcoin.

You split your holding half for each in case of a divorce if you want that.

You can also give her your seed in case if you die. The problem is that she may steal you and then she may ask for a divorce and you end uo without any bitcoin lol

Personally, I would share my seed with someone else i trust, not my wife.

[Z-tight]

For those who may say don’t tell your spouse you are accumulating and holding bitcoin, what if you die unexpected what happens to all your bitcoin.

They can have the physical assets that are easy to inherit, such as real estate, fiat, gold, etc. I am not going to expose my seed phrase to anyone without being 100% sure i can trust them, just because i am worried of what would happen if something happens to me. There's a high chance that nothing would happen to me, but to my coins.

Nobody goes into a marriage thinking about divorce, but it happens too frequently not to consider it, even for a second. That's why i'd prefer to keep my coins a secret, especially BTC i have in my cold storage.

[BABY SHOES]

I do not yet know in the jurisdiction in my region regarding this, whether the court will consider bitcoin as a joint asset or not, since crypto assets are considered only as commodities.

Unless there is a written agreement before marriage, then it can be decided by the court, it's just a possibility that we think.

Currently I also own bitcoin and this is purely my own income as a husband, if this happens then I will not share it with my wife, however I keep this ownership secret from anyone.

[zasad@]

I do not yet know in the jurisdiction in my region regarding this, whether the court will consider bitcoin as a joint asset or not, since crypto assets are considered only as commodities.

Unless there is a written agreement before marriage, then it can be decided by the court, it's just a possibility that we think.

Currently I also own bitcoin and this is purely my own income as a husband, if this happens then I will not share it with my wife, however I keep this ownership secret from anyone.

In most countries, joint assets are divided after a divorce in the best interests of the spouses and children. If there are minor children and they remain with the wife, the court may award her a larger share of the assets.
Generally, men receive less property after a divorce, so you should look into the specific divorce practices in your country.

[Z-tight]

Currently I also own bitcoin and this is purely my own income as a husband, if this happens then I will not share it with my wife, however I keep this ownership secret from anyone.

Better to keep a sealed lips about those coins man, especially since you are not sure of the applicable laws in your jurisdiction on cases like this. Because in the end it is not up to you to decide what you'd share with your spouse if you guys ever decide to go your separate ways, but the court. As for me, i am surely not going to leave anything to chance, my spouse can only know what i have in a hot wallet.

[BitBakerr1]

If the bitcoin is seen as an asset by the law of that country surely the will divide the bitcoin into two and one part will be given to your wife.
However, this can only happen in countries that divide properties in a divorce.
If you don’t want your wife to inherit your bitcoin or take part in it, then make sure that you don’t tell her about your bitcoin investment. Keep it to yourself and if you want to tell someone tell someone that you believe is trustworthy and can inherit or partake in your bitcoin when you are no more.

[BABY SHOES]

Generally, men receive less property after a divorce, so you should look into the specific divorce practices in your country.

I already found an article on this issue in my own country... Bitcoin assets that are obtained after marriage will be considered joint assets, there are already articles about regulating this, which is important that the defendant owns the investment assets.

Unless in the article there is an agreement on premarital or a separate property agreement.
[1] https://www.legalkeluarga.id/saham-dan-crypto-dapat-menjadi-objek-harta-gono-gini/

Better to keep a sealed lips about those coins man, especially since you are not sure of the applicable laws in your jurisdiction on cases like this. Because in the end it is not up to you to decide what you'd share with your spouse if you guys ever decide to go your separate ways, but the court. As for me, i am surely not going to leave anything to chance, my spouse can only know what i have in a hot wallet.

I am silent about the coins I have Hahaha..
The wife knows I have a certain amount of investment assets, but she never knows the exact amount, even BTC was never mentioned her figure, only I tell her I invest in bitcoin.

I do not want to part, as much as possible will maintain, this is just a scenario if it does happen.

[MarryWithBTC]

Wife has her own wallet and manages her bitcoin portfolio;

Husband has his own wallet and manages his own;

If they both want an arrangement such like a joint bank account, they should have a multisig wallet of 2/2 and both becomes signatories to it. If it's divorce time, they can share the coins. I think this solves the problem.