Digital Assets in a Property Settlement: What You Need to Know

As more aspects of our lives move online, digital assets are increasingly forming part of family law disputes. From cryptocurrency and online businesses to social media accounts and digital intellectual property, these assets can hold significant value and may be considered when property is divided following separation.

Understanding how digital assets are treated in a property settlement can help parties ensure that all assets are properly identified and fairly distributed.

What are digital assets?

A digital asset is any asset that exists in digital form that holds a value. In the context of family law, this can include a wide range of items, such as:

• Cryptocurrency holdings (such as Bitcoin or Ethereum)
• Online businesses and e-commerce stores
• Domain names and websites
• Digital intellectual property, including software, designs or online content
• Social media accounts that generate revenue
• Digital advertising accounts or monetised platforms
• NFTs (non-fungible tokens)
• Online investment accounts
• Digital wallets or payment platforms

In many cases, these assets may not be immediately visible in traditional financial documents, which can make them harder to identify during a property settlement.

Are digital assets included in the asset pool?

Under Australian family law, the Court considers the total asset pool of the parties when determining a property settlement. This includes assets held individually by the parties, jointly, or by the parties through companies or trusts. Digital assets are treated the same as other forms of property. If an asset has financial value, it is generally included in the property pool regardless of whether it exists physically or digitally.

The importance of full financial disclosure

All parties involved in family law proceedings are required to provide full and frank disclosure of their financial circumstances. This includes digital assets.

Because some digital assets can be difficult to detect, issues can arise where one party fails to disclose them. For example, cryptocurrency wallets or online trading accounts may not appear on standard bank statements. If undisclosed digital assets are later discovered, the Court has the power to revisit or set aside a property settlement that was reached without consideration of these assets.

The growing role of cryptocurrency

Cryptocurrency has become one of the most common digital assets appearing in modern day property settlements.

Because cryptocurrency transactions can occur outside traditional banking systems, they can be more difficult to trace. However, blockchain analysis and forensic accounting techniques are increasingly used to identify crypto holdings and transaction histories.

Protecting digital assets during separation

If you are separating and hold digital assets, it is important to take steps to properly disclose them.

This may include:

• Recording all digital assets and accounts you hold
• Preserving transaction histories
• Obtaining professional valuations where necessary
• Seeking legal advice early to ensure proper disclosure

Early identification of digital assets can reduce disputes and help ensure a smoother property settlement process.

Seeking legal advice

The complexity, volatility and sometimes hidden nature of digital assets can create challenges if they are not properly identified and managed. Obtaining legal advice early in the separation process can help ensure that such assets are correctly disclosed, valued and included in the overall asset pool.



If you are navigating a property settlement involving digital assets, experienced legal guidance can assist in protecting your interests and achieving a fair outcome.

Do you need family law advice? Kells specialises in all areas of family law and have a team of experienced dedicated family lawyers conveniently located throughout Sydney and the Illawarra.