Fighting over money is one thing; dealing with bitcoin and other types of cryptocurrency in a divorce is an entirely different story.
As cryptocurrency has surged in popularity, its become much more common for investors to carry shares in the largely unregulated market. For married couples looking to part ways, this means dealing with cryptocurrency as an asset could make for a difficult and lengthy divorce process.
Considering regulations and standards on digital currencies such as bitcoin are still being weighed by governments and financial regulators across the world, could the future of hiding assets during a nasty divorce be lying in its hands?
Cryptocurrency is virtual currency; it lives online and is traded on a blockchain, an encrypted ledger detailing transactions. Since each transaction is associated with a public and private key, its possible for each transaction to be traced back to a single individual.
Cryptocurrency has been around for about a decade, but it became more mainstream around 2017 when bitcoin skyrocketed to a price of $20,000 per coin and caught the public eye, before giving back much of its value in the time since.
In 2018, only 5 percent of the American population held cryptocurrency, according to a survey by the Global Blockchain Business Council. An additional 21 percent of respondents, however, said they were considering adding it to their portfolio.
As cryptocurrency grows in popularity, lawyers all over the world are beginning to face divorce cases with high-value disputes over these digital assets.
Jacqueline Newman, a New York-based matrimonial law attorney, represents all different types of clients, including those divorcing with cryptocurrency. She asks all of her clients to fill out a statement of net worth a comprehensive document detailing income, assets and debt of each party. She says her forms now ask parties to include cryptocurrency, too.
It hasnt gotten to the point where the court forms include it yet, but we have asked on ours and people list it under their general assets, Newman says.
Since bitcoin and other cryptocurrencies are largely unregulated and encrypted, some might think its a perfect place to anonymously stash away funds.
But thats not necessarily the case.
Mark DiMichael, CPA, certified Financial Forensics accountant and fraud examiner, specializes in cryptocurrency. In one recent case, a husband didnt report $100,000-plus in cryptocurrency assets on his statement of net worth. During the discovery process, DiMichael closely analyzed his bank statements and was able to trace the crypto transactions through a crypto-trading platform.
DiMichael warns, however, that cases can get more complicated. The more knowledgeable someone is in crypto, the bigger the threat they pose to successfully hiding the assets.
Although he hasnt worked on a large number of cases involving cryptocurrency so far, DiMichael gives the example of a cybersecurity expert exchanging cash for bitcoin as payment. By conducting the transaction in person, there would be no proof of the transaction occurring making the asset-hiding much more difficult to reveal to the court.
Its really hard to trace if the individual knows what theyre doing, DiMichael says. An expert is going to know not to leave any evidence on their computer, and it can be much more difficult to subpoena.
Edward Davis, a Miami-based asset-recovery attorney and founding shareholder of Sequor Law, says cases of financial infidelity involving crypto are only going to become more frequent in the coming years.
In 15 to 20 years, Davis expects people with large sums of money to turn toward cryptocurrency as a way to hide their assets.
Its a real threat, Davis says. Its not going to come up in the average divorce of Joe versus Mary where they both have regular jobs and are a middle class family. But the wealthy and uber-wealthy who have access to this are going to use it to hide their value.
Matrimonial attorneys interviewed for this story say there arent currently any specific laws regarding cryptocurrency protection during a divorce process. Davis says these laws to protect consumers from fraudulent crypto activity are likely coming, but they will be slow to implement.
The legal infrastructure and regulatory infrastructure for this stuff is way behind, Davis says. If you look at some of the people sitting in Congress some of them are in their 70s and 80s they have no idea what this is. They dont even know what Snapchat is. Youre talking about a generational change [that] is going to [have to] happen before people are confronting this kind of issue.
Another issue for getting a hand on regulating crypto, Davis says, is that theres a wide misunderstanding of how blockchain technology works.
Whenever something new comes along, everyone tends to minimize it, Davis says. Predicting technology is a very hard thing. People who are intimidated or scared or dont understand technology tend to minimize it.
As interest and commonality surrounding crypto continues to increase, experts in the legal field are having to quickly educate themselves on the asset to keep up. Some experts say there isnt enough being done to inform and train legal counsel on the inner workings of the asset.
Most of what DiMichael knows about crypto is self-taught. In 2018, DiMichael published A Forensic Guide to Finding Cryptocurrency in Divorce Litigation. He created the guide after his own research found there werent many resources available on the matter.
Ive seen some courses for it, but I think there should be more training, DiMichael says. Uncovering crypto is fairly complicated, and that can be even harder for someone not trained in crypto.
Most accountants dont understand cryptocurrency, DiMichael adds. More complicated divorce cases involving cryptocurrency can be a lengthy and complicated process and for an accountant learning everything on the fly, this can mean longer hours and a higher bill for the client. DiMichael says that he currently charges $435 per hour.
Davis hasnt worked directly on a case recovering cryptocurrency assets yet, but he has noticed an upswing in industry-related conversations in the past two years. Lawyers, who he says arent technology-savvy by nature, should pay close attention to cryptocurrency and educate themselves on how to manage it in court cases.
The main concern about crypto is how little we understand it and how dangerous it is because its an unregulated, untethered currency, Davis says. This is a real threat and one we have to think about.
Read this article:
How cryptocurrency assets are becoming a new battleground ...
- Crypto()Currency - CryptoCurrency.org - April 26th, 2014 [April 26th, 2014]
- Cryptocurrency - Wikipedia, the free encyclopedia - April 26th, 2014 [April 26th, 2014]
- TNW - Stefan Molyneux - Money, Power and Politics The Cryptocurrency Revolution - Video - April 26th, 2014 [April 26th, 2014]
- How to Set Up a Ripple (CryptoCurrency) Generating System! - Video - April 26th, 2014 [April 26th, 2014]
- Bitcoin / Cryptocurrency - An Extensive FAQ - Video - April 26th, 2014 [April 26th, 2014]
- --- The Great Debate --- Bitcoin vs Altcoin @ The CryptoCurrency Convention 4/9/14 - - Video - April 26th, 2014 [April 26th, 2014]
- Bryce Weiner @ CryptoCurrency Convention 4/9/14 - - Video - April 26th, 2014 [April 26th, 2014]
- Popularcoin @ CryptoCurrency Convention 4/9/14 - Joshua Nold - Video - April 26th, 2014 [April 26th, 2014]
- TimeKoin @ CryptoCurrency Convention 4/9/14 - Michael Brown - Video - April 26th, 2014 [April 26th, 2014]
- Infinitecoin @ CryptoCurrency Convention 4/9/14 - Loring Small - Video - April 26th, 2014 [April 26th, 2014]
- Bitcoin Exchange CryptoRush Loses Millions of BlackCoin Cryptocurrency - Video - April 26th, 2014 [April 26th, 2014]
- Brock Pierce, Entrepreneur "FireSide Chat" @ CryptoCurrency Convention NYC - 4/9/14 - Video - April 26th, 2014 [April 26th, 2014]
- [OFFICIAL SPONSOR] Nick Spanos, Bitcoin Center NYC @ CryptoCurrency Convention 4/9/14 - Video - April 26th, 2014 [April 26th, 2014]
- AuroraCoin @ CryptoCurrency Convention NYC 4/9/14 - David Lio - Video - April 26th, 2014 [April 26th, 2014]
- Dogecoin Founder Speaks on the Future of Cryptocurrency - April 27th, 2014 [April 27th, 2014]
- As Bitcoin Soars in Value, Alternative Cryptocurrencies ... - April 27th, 2014 [April 27th, 2014]
- Florincoin @ CryptoCurrency Convention NYC 4/9/14 - Joe Fiscella - Video - April 27th, 2014 [April 27th, 2014]
- DigiByte @ CryptoCurrency Convention NYC 4/9/14 - Jared Tate - Video - April 27th, 2014 [April 27th, 2014]
- Digitalcoin @ CryptoCurrency Convention NYC 4/9/14 - Andrew Davidson - Video - April 27th, 2014 [April 27th, 2014]
- PotCoin @ CryptoCurrency Convention NYC 4/9/14 - Nick Iversen - Video - April 27th, 2014 [April 27th, 2014]
- ZenithCoin @ CryptoCurrency Convention NYC 4/9/14 - Eddie Corral - Video - April 27th, 2014 [April 27th, 2014]
- BitAngels Co-Founder, David Johnson @ CryptoCurrency Convention NYC 4/9/14 - Video - April 27th, 2014 [April 27th, 2014]
- Australian dogecoin founder speaks on the future of cryptocurrency - April 28th, 2014 [April 28th, 2014]
- Coinnext Cryptocurrency Exchange Coming Soon - Video - April 29th, 2014 [April 29th, 2014]
- Cryptocurrency News Round-Up: MtGox Hearing Begins as Bitcoin gets Bloomberg Endorsement - May 1st, 2014 [May 1st, 2014]
- mTrader.org - Cryptocurrency Mining System - Video - May 1st, 2014 [May 1st, 2014]
- CryptoCurrency - cryptobars commodity Launch! - Video - May 1st, 2014 [May 1st, 2014]
- The Mises View: "Taxing Cryptocurrency" | Jeff Deist - Video - May 2nd, 2014 [May 2nd, 2014]
- Coin Pursuit Launches SliceFeeds Interactive Cryptocurrency Network - May 3rd, 2014 [May 3rd, 2014]
- Cryptocurrency | Ground Zero with Clyde Lewis - May 3rd, 2014 [May 3rd, 2014]
- CS 171 Final Project: Cryptocurrency Visualizations - Video - May 3rd, 2014 [May 3rd, 2014]
- Cryptocurrency Explained The Tech Guy 1046 - Video - May 3rd, 2014 [May 3rd, 2014]
- Know How 74 Cryptocurrency - Video - May 4th, 2014 [May 4th, 2014]
- MIT undergrads will each receive $100 in bitcoin - May 5th, 2014 [May 5th, 2014]
- cryptocurrency - Fortune Finance: Hedge Funds, Markets ... - May 8th, 2014 [May 8th, 2014]
- Bitcoin wins US election panel's approval for political donations - May 9th, 2014 [May 9th, 2014]
- CryptoCurrency of the World Unite! - Video - May 9th, 2014 [May 9th, 2014]
- Major Dogecoin Wallet Hacked, Shut Down - May 13th, 2014 [May 13th, 2014]
- Such hack, much sad: Doge Vault reportedly loses $56,000 in heist - May 13th, 2014 [May 13th, 2014]
- BBT Presents: Ode to Cryptocurrency - Video - May 13th, 2014 [May 13th, 2014]
- Scryptify Cryptocurrency Video - Crypto Currency Exchanges - Video - May 13th, 2014 [May 13th, 2014]
- AMD cuts Radeon R9 280 price as inflation woes die down - May 15th, 2014 [May 15th, 2014]
- The Cryptocurrency Certification Consortium - Video - May 15th, 2014 [May 15th, 2014]
- Bitpagar Cryptocurrency - Video - May 16th, 2014 [May 16th, 2014]
- TagPro - Cryptocurrency Juke Session w/ LTB & Counterpary - Video - May 16th, 2014 [May 16th, 2014]
- How to Mine Cryptocurrency Safely - Video - May 16th, 2014 [May 16th, 2014]
- Bunnycoin - Innovative New Cryptocurrency - Video - May 16th, 2014 [May 16th, 2014]
- Jan Irvin on Learning, Statism, Culture, Cryptocurrency and Voluntarism -- Potent News Podcast #1 - Video - May 16th, 2014 [May 16th, 2014]
- Nxt cryptocurrency platform: Proof of Stake mining system - Video - May 18th, 2014 [May 18th, 2014]
- Cryptocurrency Round-Up: Darkcoin Rise Continues; Dogecoin Saved My Life & Bitcoin Explainer Videos - May 19th, 2014 [May 19th, 2014]
- Givecoin.info Announces Partnership with Do A Bit of Good: World's First Charitable Mining Screensaver - May 21st, 2014 [May 21st, 2014]
- Cryptocurrency: Get Mining! - Video - May 22nd, 2014 [May 22nd, 2014]
- Violincoin - The first cryptocurrency for musician - - Video - May 22nd, 2014 [May 22nd, 2014]
- Trollcoin - The Fun Cryptocurrency! - Video - May 22nd, 2014 [May 22nd, 2014]
- Cryptocurrency and Nonprofits with Eric Nakagawa - Video - May 23rd, 2014 [May 23rd, 2014]
- The Cryptocurrency Store - Video - May 23rd, 2014 [May 23rd, 2014]
- The Cryptocurrency Store (Spanish/Espagnol) - Video - May 23rd, 2014 [May 23rd, 2014]
- How To Trade CryptoCurrency: Sign up to a safe and reliable exchange for trading CryptoCurrency - Video - May 23rd, 2014 [May 23rd, 2014]
- UT students to launch cryptocurrency exchange - May 24th, 2014 [May 24th, 2014]
- Videoconferencia Cryptocurrency 201243946 - Video - May 27th, 2014 [May 27th, 2014]
- VideoCharla Jesus Ramos Cryptocurrency - Video - May 27th, 2014 [May 27th, 2014]
- Cryptocurrency Round-Up: Bitcoin Pioneer Dies and Digital Currency's Status in Australia - August 31st, 2014 [August 31st, 2014]
- Bitcoin enthusiasts discuss the cryptocurrency - Video - August 31st, 2014 [August 31st, 2014]
- Make Fast 1.0 up to 10.00 BTC or Any Cryptocurrency REAL CASH - Video - August 31st, 2014 [August 31st, 2014]
- Halcyon cryptocurrency - Video - August 31st, 2014 [August 31st, 2014]
- Selling products / services / fiat money for cryptocurrency - Coinkite PoS Terminal - Video - August 31st, 2014 [August 31st, 2014]
- Selling cryptocurrency to customers - Coinkite PoS Terminal - Video - August 31st, 2014 [August 31st, 2014]
- Cryptocurrency Made Simple - A Plain English Guide to Bitcoins - September 8th, 2014 [September 8th, 2014]
- PotatoCoin - The cryptocurrency for the third world - Video - September 8th, 2014 [September 8th, 2014]
- How To Trade One Kind Of Cryptocurrency For A Different Kind Of Cryptocurrency - Video - September 8th, 2014 [September 8th, 2014]
- How To Fund Your Bleutrade Cryptocurrency Trading Account - Video - September 8th, 2014 [September 8th, 2014]
- How To Open An Account At Bleutrade.com Cryptocurrency Exchange - Video - September 8th, 2014 [September 8th, 2014]
- Cryptocurrency Round-Up: Apple Pay Boosts Bitcoin, Nakamoto Negotiates With Hacker - September 11th, 2014 [September 11th, 2014]
- Qoinpro Cryptocurrency Faucet ok - Video - September 12th, 2014 [September 12th, 2014]
- Weekly Roundup - CEX.IO - Multi-Functional cryptocurrency exchange - Video - September 12th, 2014 [September 12th, 2014]
- TCR #27: Cryptocurrency growth, 9/11 Anniversary, CDC Scandal, Face Your Fears - Video - September 12th, 2014 [September 12th, 2014]
- VanosEnigmA 011 Bitcoin-Comedy BitcoinDog CryptoCurrency-Cat Naughty - Video - September 15th, 2014 [September 15th, 2014]
- WikiLeaks Avoided Bitcoin to Prevent Government 'Destroying' Cryptocurrency - September 16th, 2014 [September 16th, 2014]
- LXC Coin crowdfunds in challenge to Bitcoin - September 16th, 2014 [September 16th, 2014]
- Why Bitcoin Is Poised To Win Big In Las Vegas - September 19th, 2014 [September 19th, 2014]