You may feel uneasy knowing your spouse owns cryptocurrency and worrying that it could quietly disappear during a Florida divorce. You are not alone. Many people now face divorces where Bitcoin, Ethereum, or other coins make up a real part of the family’s wealth, and they are concerned those assets will never make it into the settlement. The mix of secrecy, passwords, and price swings makes crypto feel harder to control than a bank account.
In reality, Florida courts already treat cryptocurrency as property that belongs on the same table as homes, retirement accounts, and investments. Digital coins are not outside the law, they just raise different questions about proof, value, and timing. When you understand how Florida handles cryptocurrency in divorce, you are in a stronger position to ask for documents, push back on unfair proposals, and protect yourself when your spouse has most of the technical knowledge.
At The Virga Law Firm, P.A., our family law team has more than 100 years of combined experience applying Florida’s equitable distribution rules to everything from small checking accounts to complex business interests. We now see cryptocurrency in divorce with increasing frequency and we approach it using the same firm legal framework that governs every other asset. In the sections that follow, we explain how Florida courts view crypto, how it is found, valued, and divided, and what you can do if you feel outmatched by a spouse who controls the keys.
How Florida Courts View Cryptocurrency in Divorce
A good starting point is understanding that Florida follows an equitable distribution system. In a divorce, the court typically identifies all marital assets and debts, assigns them values, and then divides them in a way that is fair based on the circumstances. Cryptocurrency fits into this process as another form of property, similar in many ways to stocks or an online brokerage account, even though it lives in digital wallets instead of paper statements.
For courts in Florida, the key question is usually not what kind of asset something is, but whether it is marital or nonmarital, and what it is worth on a relevant date. Bitcoin bought during the marriage with marital funds is usually treated the same way as shares of a company you bought during the marriage. If you or your spouse used income earned while married to buy crypto, that holding typically belongs in the marital pot, regardless of whose name is on the account or who remembers the passwords.
Judges also recognize that cryptocurrency carries more volatility and risk than, for example, a savings account. That does not mean they refuse to divide crypto. Instead, they look at the full picture, including the mix of assets available, each spouse’s income and financial stability, and the role crypto plays in the overall estate. At The Virga Law Firm, P.A., we have guided many Florida spouses through property division where newer asset types were involved, and we rely on that experience to help clients present digital assets in a way that makes sense to the court.
Marital vs. Nonmarital Crypto: What Really Counts in Your Settlement
Not every coin a spouse owns is automatically divided in a Florida divorce. The law draws a line between marital property, which is subject to equitable distribution, and nonmarital property, which usually stays with the spouse who owns it. Understanding where cryptocurrency falls on that line can have a major impact on your settlement, especially when the holdings are large or have grown significantly in value.
In broad terms, crypto acquired during the marriage with marital funds is generally considered marital. For example, if your spouse opened an account on a major exchange after you married and used salary from their job to buy various coins, those investments usually belong in the marital column, even if the account is only in their name. By contrast, if your spouse bought a small amount of Bitcoin before the marriage with their separate funds and never added marital money to it, that original holding may be treated as nonmarital.
Things get more complicated when pre-marital crypto is mixed with marital funds or actively traded during the marriage. Suppose your spouse bought one Bitcoin before you married, then years later used marital income to buy more coins or to pay trading fees in the same account. In that situation, some portion of the account may be nonmarital and some portion may be marital, and tracing contributions becomes important. Florida courts often look at documentation to decide how much of the increase in value is tied to marital contributions versus passive market growth.
Finding Hidden Cryptocurrency During a Florida Divorce
Fears about hidden crypto are very real. Because digital assets do not always leave the same paper trail as a traditional bank account, many spouses worry that their partner can move money into coins and keep everything out of sight. While some platforms and wallets do make discovery harder, there are still many ways to uncover evidence that cryptocurrency exists and to demand information during a Florida divorce.
Attorneys often start by reviewing conventional financial records. Bank statements, credit card records, and payment apps can show transfers to major cryptocurrency exchanges or payment processors. Tax returns can also be revealing, because tax authorities now ask about virtual currency activity and certain crypto transactions can trigger reporting. Even seeing a trading app or wallet icon on a spouse’s phone or tablet can be a clue that digital assets may exist.
Once there is reason to believe cryptocurrency is involved, the formal discovery process comes into play. Through interrogatories and requests for production, your attorney can require your spouse to disclose all crypto accounts, wallet addresses, and transaction histories. In some cases, subpoenas may be sent to known exchanges to obtain account records. These records can show holdings, deposits, withdrawals, and trades over time, which helps build a clearer picture of what assets should be included in the marital estate.
There are limits, especially when someone uses less regulated platforms or keeps coins only in self-hosted wallets without ever touching a major exchange. However, attempting to hide assets carries serious risk. Florida courts can impose sanctions, shift attorney’s fees, or, in some situations, reopen or change a settlement if it was based on fraud. With over 100 years of combined experience, our team at The Virga Law Firm, P.A. knows how to ask the right questions, interpret financial records, and present patterns of behavior that suggest undisclosed crypto, while still being candid about what is realistically traceable.
How Cryptocurrency Is Valued for Divorce in Florida
Once cryptocurrency has been identified and classified as marital or nonmarital, the next challenge is deciding what it is worth for purposes of your divorce. Because crypto prices can change dramatically in a short period of time, valuation is rarely as simple as looking at a single screenshot. Florida courts and lawyers deal with this by choosing clear valuation approaches and by recognizing that any number will always be a snapshot rather than a permanent truth.
One common method is to agree on a specific valuation date. For example, the parties may use the date of filing, the date of separation, or another agreed date near settlement as the point in time when crypto holdings are priced. If one Bitcoin was worth $30,000 on that date, the value used in negotiations would be $30,000, even if the market moves up or down by several thousand dollars later. This method gives both sides a defined reference point, which is important when there are many moving parts in the overall distribution.
The impact of volatility becomes clear when you run simple examples. Imagine that on the valuation date, your spouse’s crypto portfolio is worth $60,000. Two months later, when you are finalizing the agreement, the same coins might be worth $48,000 or $72,000. Those swings can feel unfair if you are the spouse not holding the coins. That is why negotiations often involve discussions about risk tolerance, whether one spouse is better positioned to handle market movement, and how other assets can be used to balance perceived risk.
There is also a difference between valuing crypto on paper and actually converting it to cash. If the decision is made to sell coins and divide the proceeds, the timing of that sale will determine the real dollars each person receives, not the earlier paper valuation. If the decision is for one spouse to keep the crypto and for the other spouse to receive an offset in other property, then that spouse essentially trades volatility risk for more stable assets. At The Virga Law Firm, P.A., we walk clients through these options with concrete numbers, so they understand not just what a coin is worth today, but what that means for their long term financial picture.
Options for Dividing Cryptocurrency in a Divorce Settlement
After valuation, the question becomes how to actually divide the cryptocurrency. There is no single right answer. The best approach depends on the size of the holdings, how comfortable each spouse is with digital assets, and what other property is available. In most Florida divorces that involve crypto, the options fall into three main categories, each with its own tradeoffs.
One option is division in kind, which means splitting the actual coins or tokens between spouses. For example, if there are 2 Bitcoins that are entirely marital, each spouse might receive 1 Bitcoin. This approach keeps both parties in the market and can feel straightforward, but it requires both to have the ability to safely store and manage crypto. It also means both spouses share in future price swings, which can be helpful or harmful depending on how the market moves.
Another approach is to let one spouse keep all or most of the cryptocurrency and to compensate the other spouse with different assets or a cash payment. This is often called an offset. If the marital crypto is valued at $50,000, one spouse might retain that portfolio and the other spouse might receive an extra $50,000 in home equity, retirement funds, or other property. This can simplify logistics and keep only the more technologically comfortable spouse in charge of the digital asset, but it concentrates risk in that person’s hands.
A third option is to sell some or all of the crypto and divide the proceeds. This converts a volatile digital asset into cash that can be spent or invested in more traditional ways. The timing of the sale, the platform used, and how the costs and taxes are handled all need to be spelled out clearly in the settlement agreement. If sale is chosen, both parties must accept that they are locking in whichever market price prevails at the time of liquidation.
Tax & Legal Risks You Cannot Ignore With Crypto in Divorce
Cryptocurrency carries tax consequences that are easy to overlook in the middle of a divorce. Selling or exchanging coins can create taxable events, often in the form of capital gains or losses. That means the way you choose to divide or liquidate crypto can change not only how much each spouse pockets, but also what they may later owe to tax authorities.
If you agree to sell cryptocurrency and split the cash, the sale will generally trigger gains or losses based on the original purchase price. Those gains or losses belong to the person who owns the asset when it is sold, which is usually determined in the settlement. If one spouse keeps the crypto and the other takes an offset in other property, the spouse who keeps the coins will usually bear any future tax impact when they eventually sell or trade them.
Divorce itself can have special tax rules, and the interaction with crypto can be complex. For this reason, we encourage clients to involve a tax professional whenever significant digital assets are part of the marital estate. What matters most is that tax implications are not ignored. Accounting for likely taxes can influence whether it is fair to treat $50,000 of crypto the same as $50,000 in cash or retirement funds.
Protecting Yourself When Your Spouse Controls the Crypto
Many people feel at a disadvantage because their spouse opened the accounts, chose the platforms, and holds all the passwords and devices. If that sounds familiar, protecting yourself starts with gathering safe, lawful information and getting timely legal advice. You do not need access to your spouse’s private keys to begin building a picture of what may be out there.
Start by collecting conventional financial records you can access legitimately. Bank statements, pay stubs, credit card bills, and any joint tax returns can offer clues about transfers to exchanges, crypto related fees, or prior disclosures of virtual currency activity. If you have ever seen a particular app on a shared device or recall specific platforms your spouse mentioned, note those details and share them with your attorney.
Once you are working with counsel, you can discuss whether to seek temporary orders to prevent your spouse from dissipating marital assets, including crypto. Florida courts can issue injunctions that limit large transfers or require both parties to maintain the status quo with respect to certain property while the case is pending. In some situations, attorneys also negotiate written standstill agreements that restrict trading or withdrawals until there is a clear plan for division.
Discuss Cryptocurrency & Divorce With Our Florida Legal Team
Cryptocurrency does add complexity to a Florida divorce, but it does not have to put your settlement at the mercy of secrets and price swings. When digital assets are identified, classified, valued, and divided with a clear plan, they can be handled within the same equitable distribution framework that governs every other part of your marital estate. You deserve to understand how that framework applies to your situation before you sign anything that affects your financial life.
If you are facing a divorce where crypto is in play, or you suspect your spouse is using digital assets to shift money out of view, our attorneys at The Virga Law Firm, P.A. can walk you through your options. We will look at your assets, your concerns about disclosure and volatility, and your goals for life after divorce, then craft a strategy grounded in Florida law.
To talk about cryptocurrency in divorce and how it may affect your settlement, contact us today. Call us at (800) 822-5170.