Divorce lawyer explains how NFTs are divided in divorce court

What happens to NFTs, cryptocurrency and other digital assets in the event of a divorce? Florida Attorney Sergio Cabanas discusses how non-physical assets are distributed in a divorce in this video.
Are you looking into protecting your digital assets? A postnup or prenuptial agreement might be something you want to look into:
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Watch this video in English:
What Can Happen to my NFTs if I get Divorced?
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Mira el video en español:
¿Qué puede pasar con mis NFTs si me divorcio?
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**Please note that the information in this video is not an adequate substitute for a consultation with an attorney who is knowledgeable in this subject area and could review the specifics of your individual matter and determine how the law would apply in your particular case.**
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Sergio Cabanas, Esq. has been practicing law since 1991, after graduating from Washington College of Law in Washington D.C. Attorney Cabanas is admitted to practice in the State of Florida and the U.S. Court for the Southern District of Florida and the U.S. Bankruptcy Court. He founded the Divorce and Mediation Law Firm in 2006.
The Divorce and Mediation Law Firm focuses on Divorce, Mediation, Child Custody, Child Support, Alimony, Prenuptial Agreements, Post-nuptial Agreements, Domestic Violence, and Post-Divorce Related issues.
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0:00 What will happen to digital assets in a divorce?
0:13 What can happen to my NFTs (and crypto) if I get divorced?
0:36 Part 1: Is the digital asset marital or non-marital?
1:00 Part 2: Determine the value of the marital asset
1:07 Part 3: Distributing the marital assets
1:23 Protect your assets with a prenuptial or postnuptial agreement
1:44 Outro
I've invested heavily in crypto, NFTs, and other digital assets while I was married to my spouse.
What will happen to these special assets in the event of a divorce?
Hi. I'm Sergio Cabanas, Attorney-at-Law here in Florida.
And today we're talking about the volatile world of crypto, NFTs and other digital assets in a divorce case.
Now, there's a lot of people out there that think that these assets should be treated differently because of the
non-physical nature of these assets.
However, the truth is that they're treated like any other asset in a divorce case as we go through a 3-part process.
The first part of that analysis is trying to figure out if the asset is marital vs. non-marital.
If the asset was acquired during the marriage,or if you invested using marital funds, these assets may be considered to be marital.
Conversely, if they were acquired before the marriage, and you never invested any marital funds in these assets, then it might be considered non-marital.
So, now we get to part 2 of our 3-part analysis.
Which is how to determine the value of that marital portion or that marital asset.
Finally, we get to part 3 of the process, which is how to resolve these marital assets.
So, the portion determined to be martial will then be subject to equitable distribution which can be resolved
in a number of different ways.
Just like any other marital asset.
So, if you find yourself in this situation, or potentially in this situation, think about trying to protect these assets, both the physical assets and the digital, with a prenuptial or postnuptial agreement.
We talk about these options in other videos.
Of course, like any other issue in a divorce, the details are important.
And you should have an attorney that is experienced in handling these digital assets to ensure your rights are protected.

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Are you worried of losing your digital assets? We can help! Call us at [phone] to discuss your options!