Florida Guidance On Equitable Distribution Of Cryptocurrency In Divorce
Digital currency is no longer a niche investment. Bitcoin, Ethereum, and other digital assets now show up regularly in Florida divorce cases, and dividing them fairly is not always simple. Unlike a house or a retirement account, cryptocurrency can swing wildly in value and can be difficult to trace if a spouse does not want it found. Understanding how Florida law treats these assets can help you protect your financial interests.
Cryptocurrency is treated like other marital property
Florida follows the rule of equitable distribution, meaning marital assets are divided fairly, though not always equally, between spouses. Under Florida Statute 61.075, courts must first classify property as marital or nonmarital, then divide the marital portion in a manner that is just under the circumstances. Cryptocurrency acquired during the marriage, regardless of which spouse’s name is on the wallet or exchange account, is generally treated as marital property subject to this same framework.
Coins or tokens owned before the marriage, or received later as a gift or inheritance, may be considered nonmarital. That said, if separate funds were mixed with marital funds to buy or grow a crypto portfolio, tracing the nonmarital share can get complicated quickly.
Valuing an asset that never sits still
One of the biggest challenges with cryptocurrency is timing. A coin worth a certain amount on the day a petition is filed could be worth significantly more or less by the time the case settles. Florida law gives judges some flexibility here. Section 61.075(7) allows the court to select a valuation date it finds just and equitable given the facts of the case, rather than requiring a single fixed date in every divorce.
Disclosure obligations still apply
Every divorcing spouse in Florida has a duty to fully and honestly disclose their assets, and cryptocurrency is no exception. Because digital wallets and exchange accounts are not always linked to a person’s name the way a bank account is, some spouses mistakenly assume crypto can stay hidden. In practice, blockchain transactions leave a trail, and forensic accountants and attorneys have increasingly effective tools to uncover undisclosed digital assets. A spouse who conceals cryptocurrency risks sanctions, an unequal division of property, or having a settlement reopened later if the omission comes to light.
Protecting yourself in a divorce involving digital assets
If you or your spouse own cryptocurrency, start gathering records early. Exchange statements, wallet addresses, transaction histories, and tax filings can all help establish ownership and value. Because prices move quickly and the underlying technology can be confusing to those unfamiliar with it, many attorneys work alongside financial experts who understand how to trace and value these holdings accurately.
Cryptocurrency is not going away, and neither is its role in Florida divorce cases. Whether you are trying to protect assets you already own or make sure you receive your fair share of what your spouse holds, having the right guidance matters.
Contact Our Team Today
Faulkner Law Group, PLLC, represents the interests of Tampa residents facing complex property division. Our Tampa divorce attorneys understand how digital assets fit into the bigger financial picture of a divorce, and we work to make sure nothing is overlooked. Call our office today to schedule an appointment, and we can begin discussing your case right away.
Source:
flsenate.gov/Laws/Statutes/2025/61.075
