Divorce in Miami: Assets, Crypto, and Digital Property and What Courts Consider Now

Florida courts treat cryptocurrency and most digital property like any other asset in a divorce. If it was acquired during the marriage, it is presumed marital and gets divided under section 61.075 of the Florida Statutes, starting from an equal split. What makes crypto different is not the law. It is the evidence, the valuation date and the tax bill that follows the coins.

A Miami divorce used to mean arguing over the house in Kendall, the 401(k), and maybe a boat. Now the financial affidavit might include a Ledger wallet in a desk drawer, a Coinbase account, a few NFTs bought in 2021 and a YouTube channel that pays more than one spouse’s salary. The Family Division of the Eleventh Judicial Circuit sees all of it.

Is cryptocurrency marital property in a Florida divorce?

Usually, yes. Florida law presumes that anything either spouse acquired after the wedding date is marital, and that presumption holds unless someone proves otherwise. It does not matter whose name is on the exchange account or who holds the private keys. Bitcoin bought with a paycheck during the marriage is marital Bitcoin.

The exceptions are the familiar ones:

• Coins owned before the marriage and kept separate
• Crypto received as a gift from a third party or as an inheritance
• Assets carved out by a valid prenuptial or postnuptial agreement

Here is where crypto gets tricky. Under section 61.075(6)(a), growth in a nonmarital asset can become marital when it results from either spouse’s efforts during the marriage or from marital money being put into it. A spouse who owned two Bitcoin before the wedding and then spent years actively trading, staking and topping up the position with joint funds may find that the growth is on the table. Passive appreciation on coins that sat untouched in cold storage is a different argument. Commingling is the usual way premarital crypto loses its protection, and on a blockchain, the commingling is often recorded forever.

What counts as digital property besides crypto?

More than most people expect. Florida already defines a “digital asset” in Chapter 740, the Florida Fiduciary Access to Digital Assets Act, as an electronic record in which a person has a right or interest. That chapter deals with fiduciaries such as executors and guardians, not divorce. The point it makes is still useful: the law recognizes digital things as property.

In a divorce, the list we see in practice includes:

• NFTs and tokens held in self-custody wallets
• Monetized social media, YouTube or Twitch channels
• Domain names and websites that earn revenue
• Online stores on Shopify, Amazon or Etsy
• Airline miles and credit card reward points
• Digital art, music, software and other content with licensing income

Not all of it transfers neatly. Many platforms prohibit transfer of an account under their terms of service, so a court may award the account to one spouse and give the other spouse an offsetting share of something else. Points programs work the same way.

Then there is the sentimental category. Family photos in a shared iCloud account have no market value, yet they cause real fights. A good settlement deals with them by name.

How does a Miami-Dade court value crypto that changes price every hour?

This is the question that decides most crypto cases, and Florida gives judges room to answer it.

Section 61.075(7) sets two different dates. The cut-off date for deciding what is marital is the earlier of a valid separation agreement or the filing of the petition. The valuation date, however, is whatever date or dates the judge finds just and equitable. Different assets can be valued on different dates.

With a house, a few months of difference rarely matters. With Ether, a few months can move the number by half. Picture a couple holding $400,000 in crypto when the petition is filed. By trial it is worth $250,000. Who absorbs the $150,000 drop? If one spouse controlled the wallet and kept trading after filing, the other spouse has a strong argument for the earlier value. If neither touched it, a judge may divide the coins themselves so both spouses ride the market equally.

That is the angle most online guides skip. In many crypto cases, the smartest request is not a dollar figure at all. It is an in-kind split: half the coins, transferred wallet to wallet, with the transfer date set in the order.

Can a spouse hide crypto in a Florida divorce?

They can try. It tends to go badly.

Contested Florida divorces run on mandatory disclosure under Family Law Rule 12.285, including a sworn financial affidavit. Leaving a wallet off that affidavit is not an oversight a judge forgives easily. The trail is also wider than people assume:

• Bank statements show transfers to and from exchanges
• S. exchanges respond to subpoenas with account and transaction records
• For 2025 transactions, U.S. brokers began issuing Form 1099-DA to report digital asset sales to the IRS
• Public blockchains let a forensic examiner follow funds from a known address to wallets the spouse never mentioned

Foreign exchanges and self-custody wallets are harder to trace, but harder is not impossible.

Moving the money also has a cost. Section 61.075(1)(i) lets the court weigh intentional dissipation or waste of marital assets within two years before filing, or at any point after. A spouse who “lost” coins on a risky platform, sent them to a new partner or claimed they vanished on a lost hard drive can be charged with that value in the final split.

If you suspect something, move early. Preservation requests, targeted subpoenas and, where funds are urgently needed, a motion for an interim partial distribution under section 61.075(5) all work better before the assets wander.

What tax issues come with splitting crypto?

Transfers between spouses incident to a divorce are generally not taxable events under Section 1041 of the Internal Revenue Code. The receiving spouse takes over the original cost basis.

That sounds harmless. It is not.

Suppose one spouse keeps $100,000 in Bitcoin bought years ago for $10,000, and the other keeps $100,000 in cash. On paper, the split is equal. In reality, the Bitcoin carries roughly $90,000 of built-in gain and a future tax bill. Ask for the basis records, and have a tax professional look at the after-tax value before you sign anything.

What should you do before filing for divorce in Miami?

Gather before you argue. A short checklist:

1. List every exchange, wallet, and platform you know about, including old ones.
2. Download transaction histories and annual tax reports while you still have access.
3. Record any premarital holdings and how they were kept.
4. Do not move, sell, or “reorganize” crypto once a divorce is likely.
5. Never share or change seed phrases or passwords without legal advice.

Then talk to a family lawyer who has handled digital assets before, not one who will learn on your case.

What do Miami clients ask most about crypto and divorce?

Is my Bitcoin safe if I bought it before we got married?

Possibly. Premarital crypto is nonmarital in Florida, but growth caused by active trading or marital money added to the account can become marital. Good records make or break this argument.

My husband has a hardware wallet and won’t tell me what’s on it. What can I do?

Your lawyer can ask the court to compel full disclosure, subpoena the exchanges that funded the wallet, and bring in a forensic examiner to trace transfers on the blockchain.

Does the judge split crypto 50/50?

The court starts with an equal split, then adjusts if factors like dissipation or one spouse’s contributions justify it.

What date will the court use to value our crypto?

Whatever date the judge finds fair. It might be the filing date, the trial date, or another date entirely. Volatility and who controlled the account after filing often drive that decision.

Can my wife get part of my YouTube channel?

If the channel was built or grew during the marriage, its value and income may be marital property. The court may award you the channel and give your spouse an offsetting asset.

Do I have to pay tax when crypto is transferred to me in the divorce?

Generally, no, at the time of transfer. You inherit the original cost basis, so you owe tax when you later sell.

Need help protecting your digital assets in a Miami divorce?

Crypto and digital property can be divided fairly, but only when everything is found and valued on the right date. Serrano Farah Law LP represents Miami-Dade clients in divorce and family law matters. Call (305) 446-9466 or visit our office at 3850 Bird Road, Suite 1001, Miami, FL 33146 to schedule a confidential consultation and talk through your situation, with no pressure to decide anything that day.