Blogs from September, 2025

Divorce today often involves more than dividing homes, retirement accounts, and vehicles. On Long Island, digital assets—like cryptocurrency holdings, social media accounts, and online businesses—have become increasingly central to family law cases. As the value of these assets rises and their complexity grows, understanding how to safeguard digital property during divorce is essential. If you’re facing a separation or divorce in this region, taking early, informed steps can make a crucial difference in protecting your digital financial future.

If your Long Island divorce involves cryptocurrency, online businesses, or other digital assets, don’t risk an unfair outcome. Call (516) 688-0088 to speak with Friedman & Friedman PLLC, Attorneys at Law and get strategic guidance to safeguard your property and financial security.

What Counts as Digital Assets in a Long Island Divorce?

Digital assets include any property or right that exists electronically and carries value—either financial or personal. In Long Island divorce cases, we commonly see cryptocurrency wallets, stock trading apps, revenue from e-commerce businesses, social media influencer accounts, NFTs, and intellectual property rights like trademarks or proprietary content. Many couples also overlook digital payment account balances, domain names connected to their businesses, or cloud storage with valuable files.

New York law, including decisions made in Long Island courts, draws clear distinctions between marital and separate property. Digital assets acquired or increased in value during the marriage are usually considered marital property and subject to equitable distribution. If, for example, a spouse started a profitable YouTube channel or purchased cryptocurrency after the wedding, those assets will typically factor into divorce proceedings. Assets owned before marriage or acquired individually via inheritance or gift often remain separate, unless mixed with marital funds.

Recognizing digital assets as property in divorce proceedings ensures both spouses have a fair chance at an equitable split. Overlooking these accounts or failing to assert your rights early can lead to lost value, drawn-out litigation, or incomplete settlements that require costly modifications later. If you suspect your marriage includes valuable digital property, building a comprehensive list of accounts and rights is the foundation for a successful resolution.

How Are Digital Assets Uncovered & Valued in a Divorce?

Unlike traditional property, digital assets are often hidden behind passwords, multi-factor authentication, or complex layers of online accounts. Uncovering the full scope of digital property starts with thorough disclosure—both parties are legally obligated to list all assets, including those online. On Long Island, divorce attorneys frequently use digital forensics and outside financial professionals to help locate hidden or misrepresented digital holdings. Steps often involve reviewing financial statements, credit card activity, and electronic communication for signs of undisclosed accounts or purchases.

Assigning a fair value to digital assets presents its own unique set of challenges. Cryptocurrency, for example, experiences dramatic price swings—even within a single day. Courts typically use the value on the date of separation or another legally determined date. For digital businesses, blogs, or social media brands, valuation focuses on recent revenue, brand reputation, intellectual property value, subscriber lists, and growth potential. This process often requires consultation with business valuators who understand digital markets.

Missing or undervalued digital assets can undermine the fairness of a divorce settlement. Spouses sometimes forget to list peer-to-peer payment accounts, domain registrations, or income from side projects developed during the marriage. To protect your interests, you may need to:

• Request full digital account disclosures during discovery
• Hire forensic accountants for complex cases
• Collect supporting documentation, including contracts and transaction histories

Addressing these assets early helps both parties avoid surprises and unnecessary post-divorce disputes.

Which Laws & Court Practices Affect Digital Asset Division in Long Island?

In Long Island, as in all of New York, digital assets are distributed according to equitable distribution rules. Courts strive for a fair—not necessarily equal—split of marital property. When digital property is involved, judges consider each spouse’s contributions to acquiring, maintaining, or increasing the value of these assets during the marriage. This can include time invested in growing an online business, funds used to acquire cryptocurrency, or co-management of shared accounts.

Courts look at a number of key factors, such as length of the marriage, income and earning potential, and the role each spouse played in building digital property. If one spouse built an online store that the other supported through shared finances or labor, both may have a claim to its value—even if only one person’s name appears on the registration or accounts. For assets that cannot be easily divided, like a single crypto wallet or a trademark, one spouse may retain ownership while the other receives other property or compensation to balance the distribution.

Documentation is vital, especially in Long Island courts that increasingly demand digital records as evidence. Detailed logs, contracts, transaction histories, and proof of ownership or user rights can all make the difference in achieving a fair resolution. Disputes often arise when spouses cannot agree on asset classification or value, which further underscores the value of meticulous preparation with local legal support.

What Steps Can You Take Now to Protect Digital Assets in Divorce?

Proactive measures go a long way in securing digital assets before, during, and after divorce proceedings. Begin by creating a comprehensive inventory of all accounts and assets, along with associated usernames, account numbers, and backup email addresses. Include cryptocurrency holdings, business PayPal accounts, cloud storage with business files, and digital content libraries—anything that could impact the financial settlement.

Updating security is a must. Change passwords for personal emails, social media profiles, and anything tied to sensitive or high-value assets. Turn on two-factor authentication where possible to guard against unauthorized account changes or data theft. Always act in good faith: while protecting your digital life is crucial, locking out a spouse from marital assets or concealing property during divorce proceedings can lead to legal consequences and damage your credibility in court.

To build a robust case, keep organized records of all digital account activities. Download transaction ledgers and balance histories, and store copies of communications relevant to digital businesses or joint accounts. Should you suspect your spouse may move assets in secret, raise the issue with your attorney right away to avoid unlawful actions that could hinder your financial standing later.

What Can You Do If a Spouse Hides or Moves Digital Assets?

Safeguarding digital property requires vigilance, particularly when you suspect your spouse might conceal or manipulate online accounts. Red flags often include sudden password changes, deleted accounts, unexplained withdrawals, or abrupt transfers from joint payment platforms. Early detection of these behaviors can prevent long-term financial loss and reduce conflict during the settlement process.

On Long Island, legal procedures can help uncover hidden digital assets. Attorneys may request detailed disclosures and, when necessary, file subpoenas with cryptocurrency exchanges, payment processors, or hosting companies. If you require advanced assistance, forensic accountants can track asset movements across accounts—tracing blockchain transaction histories or analyzing suspicious patterns in bank statements.

Avoid the temptation to resolve the issue personally by accessing your spouse’s accounts without consent. Such actions violate privacy laws and may negate your standing in future legal proceedings. Instead, document everything carefully, maintain copies of all suspicious activity, and consult with your family law attorney to determine a lawful strategy that fits your specific circumstances.

How Are Online Businesses & Intellectual Property Divided?

When divorce involves digital businesses or intellectual property, division can be both financially and emotionally complex. On Long Island, courts analyze the nature of each enterprise—whether it’s an e-commerce store, a subscription website, or a content brand—to decide if it qualifies as marital property. The timing of the business’s creation, each spouse’s involvement, and the use of marital resources all impact how ownership and value are assigned in court.

Valuation of digital businesses requires considering both immediate revenue and long-term earning power. Courts review sales records, affiliate agreements, subscriber counts, and the worth of intellectual property like copyrights, domains, or app code. Neutral business valuators often contribute in cases with significant digital portfolios, helping to estimate not just present income but also the future market potential of intangible property.

Division options for online businesses can include:

• Allocating the business to one spouse and compensating the other for their share
• Negotiating revenue-sharing agreements for ongoing royalties or affiliate payments
• Agreeing to sell the digital enterprise and split the proceeds

Establishing clear agreements up front about management, access, and revenue distribution minimizes future disputes and protects both parties as their professional paths evolve.

What Should You Know About Cryptocurrency, NFTs, & Other Digital Investments?

Digital investments like cryptocurrency, NFTs, and blockchain collectibles pose fresh challenges in Long Island divorce cases. Cryptocurrencies fluctuate in value rapidly, making precise appraisals critical for an equitable property split. Failure to identify or properly value these assets can lead to significant financial losses or the risk of future modification actions if new property is discovered after the settlement.

Public blockchains make cryptocurrency holdings traceable, but not always accessible without keys or account credentials. To overcome this, courts often require full transaction histories from major exchanges and may use tracing professionals to verify ownership and value. For NFTs and collectibles, proof of ownership, chain of custody, and recent appraisals are key to supporting or contesting valuable claims during divorce.

If you hold emerging digital assets, gather:

• Initial purchase contracts or transaction receipts
• Exchange account statements
• Current digital wallet balances and backup records
• Data showing acquisition dates and transfer history

Stay current on evolving asset classes and court trends by working with family law attorneys who routinely handle complex digital estates in your region.

How Do Long Island Courts Resolve Disputes Over Digital Assets?

When negotiations fail, Long Island courts step in to resolve digital asset disputes using established legal standards and evolving technology policies. Judges frequently order mediation first, aiming to help parties reach their own agreements about property division. If mediation falls short, hearings follow where each side presents digital evidence, valuation reports, and arguments for their claims.

Court decisions hinge on the clarity and completeness of each party’s documentation. Well-prepared spouses provide:

• Historical account statements and balance screenshots
• Written agreements on business or property ownership
• Professional valuations for complex digital assets
• Records of financial or labor contributions to growing digital value

Courts may appoint independent professionals for impartial asset appraisals or to examine technical questions unique to digital property. By preparing thorough documentation, you put yourself in the strongest position for a fair settlement, no matter the complexity of your asset portfolio.

Which Mistakes Can Jeopardize Digital Assets in Divorce?

Certain missteps can dramatically reduce your share of digital property during divorce proceedings. Overlooking seemingly minor accounts—such as small cryptocurrency wallets, cloud-based side businesses, unclaimed NFT investments, or app royalties—can cause unequal settlements and future financial regret. Many spouses also neglect essential updates to security settings, increasing the risk of unauthorized changes or property loss.

Common errors include maintaining incomplete inventories or ignoring subtle clues that assets are being hidden or transferred without your consent. Shortcuts such as locking spouses out of shared digital properties, destroying records, or engaging in unauthorized data access can result in court sanctions or diminished credibility, impacting the outcome of your case.

To avoid these pitfalls, always:

• Keep digital and financial records current and accessible
• Notify your attorney of suspicious activity immediately
• Rely on court-supervised legal remedies rather than “self-help”
• Act transparently with all marital property, digital or otherwise

Preparedness and clarity are the best defense against costly mistakes that could influence your long-term financial security.

Why Regional Legal Guidance Matters for Digital Asset Divorce on Long Island

Digital asset division calls for legal insights that go beyond generic family law experience. On Long Island, attorneys who work regularly with these cases offer the added advantage of knowing how local judges view digital evidence, emerging technology, and complex property division. Their familiarity with court preferences, regional trends, and the unique challenges facing digital asset owners gives them a stronger foundation for protecting your interests.

Friedman & Friedman PLLC, Attorneys at Law has deep roots both in Long Island and the wider New York area, serving Westchester and White Plains clients alongside those from our original locations. Over 90 years of combined family law service enables our team to address every nuance of digital property—from streaming income to business valuations—with detailed, case-specific advice. Our recognized leadership and history of success reflect a commitment to guiding clients through transitional periods while safeguarding both current and future assets.

Having regional advocates means you never need to navigate evolving law or unpredictable courts alone. Strategic guidance and understanding of how local factors affect your divorce improve your prospects for equitable outcomes and future security.

Your Next Steps for Securing Digital Assets in Divorce

Protecting digital assets in a Long Island divorce starts with informed action. Audit all your accounts, compile documentation, and list every source of digital or online value. Change passwords as appropriate, record communications and transaction dates, and set up secure backups for business or creative files. Approach your spouse civilly and transparently, as inadvertent omissions or misplaced suspicion often complicate—rather than clarify—asset division.

Break the process into manageable steps:

• Review financial records for missed digital income sources
• Audit business, social media, and online investment accounts
• Update login credentials and enable multi-factor authentication
• Consult with your family law attorney about asset classification or valuation

If you face divorce and digital asset concerns on Long Island, get personal, region-specific legal guidance from the team at Friedman & Friedman PLLC, Attorneys at Law. Schedule a confidential review by calling (516) 688-0088, and take your next step toward securing your financial future with confidence.