How are digital assets treated during a divorce?

| Nov 12, 2020 | Family |

Digital assets are treated similarly to other kinds of assets during a divorce. They are assets just the same as something physically in your possession; the only difference is that they are not tangible.

While there are some kinds of assets that you may never be able to split, like MP3s, eBooks or playlists, there are many digital assets that you can. As long as there is not a user agreement stating that you cannot transfer ownership of a digital asset, you’ll be able to do so during your divorce.

What kinds of digital assets can you divide?

You can divide all kinds of digital assets, from blogs to storefronts.

Here’s a good example. If you have a blog that brings in several thousands of dollars in income each month, you and your spouse may need to divide it and the profits it brings in. With digital assets, you might have the option of continuing to share the asset in some cases, but if not, then you should discuss who will take over ownership and how any profits or income will be divided in the future.

Dividing digital assets is a relatively new area of law, and with so many new digital items being made available all the time, it can be tricky to deal with them. It’s a good idea to talk to your spouse about any digital assets you possess and to look into the terms of ownership. Once you know what you can or cannot transfer, your attorney can help you put together a separation agreement that divides those assets in a fair way.