Assets & discretion
Cryptocurrency in Divorce – Bitcoin, Ethereum & Co.
Crypto assets have become a real challenge in divorces: high volatility, multiple wallets and exchanges, and the ability to obscure holdings. Many lawyers struggle with it. From over 300 proceedings handled, and with technical understanding, we make sure cryptocurrencies are correctly valued, fully captured and – where necessary – traced.
Quick answer
Cryptocurrencies such as Bitcoin or Ethereum are assets and count as final assets. They feed into the settlement via the equalisation of gains, valued at their value on the relevant date (service of the divorce petition, Section 1384 German Civil Code, BGB). The biggest practical question is usually not valuation but proof of which holdings exist at all.
In brief
- Crypto assets count as assets towards final assets.
- What matters is the value on the relevant date – a big lever given extreme volatility.
- The central challenge is proof of existing wallets and exchange accounts.
- There is a right to disclosure with documents (Section 1379 BGB) – for crypto too.
- Concealed or moved holdings can be uncovered in many cases.
Does crypto count towards the gain?
Yes. Cryptocurrencies are assets like other investments. Their value on the relevant date belongs to final assets, their value at marriage to initial assets; the difference feeds into the equalisation of gains. This applies to Bitcoin and Ethereum as well as to other tokens, stablecoins or NFT holdings. The settlement is in money – the coins themselves need not be transferred.
Valuation and date with high volatility
Hardly any asset class swings as sharply as crypto. This makes the relevant date all the more important: for final assets, the value on the day the divorce petition is served (Section 1384 BGB). With strong price movements, the equalisation claim can shift considerably. We document the prices at the relevant time cleanly – via traceable reference sources – so the valuation holds up later.
The date is especially sensitive for crypto
Because of extreme swings, the timing of filing can decide very large sums with crypto holdings. This decision deserves careful thought.
The real problem: proof
Unlike a bank account, a crypto wallet does not appear anywhere automatically. There is no central body reporting all holdings. Anyone holding coins in a private wallet ("self-custody") can easily conceal them. That is why the real work often lies not in valuation but in finding out what exists – via exchange accounts, account movements to crypto exchanges, tax records and other traces.
Uncovering hidden crypto assets
The suspicion that a partner is concealing crypto holdings is common – and often justified. There are many starting points: transfers to exchanges such as Coinbase or Kraken on bank statements, indications in tax returns, hardware wallets, email confirmations from trading platforms. We pursue such traces consistently and enforce the right to disclosure in court if necessary.
Secure and value crypto holdings
Whether your own holdings are to be valued correctly or a partner's concealed coins uncovered: describe the situation – confidentially and with technical understanding.
Right to disclosure and documents
The statutory right to disclosure of initial and final assets, on request with documents (Section 1379 BGB), also applies to cryptocurrencies. This includes overviews of the coins held on the relevant date, exchange reports and transaction histories. Anyone refusing or providing incomplete disclosure risks a sworn statement – and, in the case of deliberate false statements, serious consequences.
Tax and other pitfalls
Crypto brings additional issues: holding periods and possible tax liabilities on sales, the question of staking or lending income, and the technical securing of access. These aspects should feed into the overall strategy so a settlement does not turn into an unexpected tax burden. For detailed tax advice we work with tax advisors where needed.
Related topics
Division of assets High-net-worth divorce Shares and investments Inheritance and gifts Business valuation Assets abroad
Free tools to check first: Equalisation of gains calculator
Frequently asked questions
Does Bitcoin count towards the equalisation of gains?
Yes. Cryptocurrencies are assets and count towards final assets at their value on the relevant date. The increase in value during the marriage is equalised.
Which price applies for the valuation?
For final assets, the value on the day the divorce petition is served. Because of volatility, we document the price via traceable sources.
How do I find out whether my partner owns crypto?
Via traces such as transfers to crypto exchanges, tax records, hardware wallets or platform confirmations. We pursue these and enforce the right to disclosure.
Must my partner disclose their wallets?
Yes. The right to disclosure under Section 1379 BGB also covers cryptocurrencies, on request with documents.
What happens if crypto is concealed?
Anyone refusing or giving false disclosure risks a sworn statement and, in the case of deliberate deception, serious consequences.
Are the coins themselves transferred?
No. The settlement is in money. The coins remain with their holder.