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Hidden Assets in Divorce: The Cryptocurrency Conundrum

By WOM

May 20, 2023

SUMMARY

  • Sarita, a New York housewife, discovers her high-earning husband's undisclosed crypto assets during their divorce proceedings.
  • According to a poll, 1 in 5 Americans, predominantly males aged 18-49, engage with cryptocurrencies, adding a new layer of complexity to financial disputes.
  • Legal practitioners and financial advisors admit that the law is still adapting to the nuances of digital assets and cryptocurrencies.

In the midst of her divorce, Sarita found something amiss: her husband, with an annual income of $3 million, appeared to have an astonishingly limited number of assets. After devoting six months to meticulously gather evidence and hiring a forensic accountant, the New York based housewife uncovered a trove of 12 bitcoins, valued at half a million dollars, tucked away in an undisclosed crypto wallet.

Sarita, who opted for a pseudonym to avoid backlash, expressed her shock at her husband's covert crypto pursuits. Familiar with the concept of cryptocurrencies like Bitcoin, she was nevertheless taken aback, as it had never been a subject of their mutual financial decisions. Her husband's clandestine investments were indeed an unwelcome surprise.

Investors dabbling in the ever-evolving landscape of cryptocurrencies are finding increasingly innovative ways to evade the prying eyes of others. As per an NBC News survey, one in five Americans has some level of interaction with cryptocurrencies, with the demographic skewing heavily towards males between 18 and 49.

A thorough inquiry by CNBC, involving divorce attorneys from various states, blockchain forensic experts, financial advisors, and the affected spouses themselves, revealed a common thread. Most believe the legal framework is struggling to keep pace with the rapid expansion of digital assets that often operate outside traditional banking structures.

Kim Nutter, a family and marital law attorney, admitted to her initial encounter with crypto jargon back in 2015. However, only recently did her home state, Florida, include "cryptocurrency" in the standard request for production of documents, an essential step in determining marital property during a divorce. The law, she believes, is still striving to grasp this unique form of currency despite its considerable tenure. The ever-changing landscape of cryptocurrencies poses challenges for even the most experienced attorneys, making the litigation process more of a scramble than usual.


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