Protecting Digital Assets in North Carolina Divorces: What You Need to Know | GHMA LAW | Asheville North Carolina's Premier Family Law & Divorce Firm

Protecting Digital Assets in North Carolina Divorces: What You Need to Know

In today’s divorce landscape, assets are no longer limited to homes, retirement accounts, and physical property. Many North Carolina couples now hold significant value in digital assets — and dividing these assets during divorce requires special attention, technical knowledge, and strategic planning.

At GHMA LAW, we understand how complex and contentious the division of digital property can be. Whether your portfolio includes cryptocurrency, online revenue streams, or valuable digital intellectual property, we’re here to help you protect your interests and secure what’s rightfully yours.

What Counts as a Digital Asset?

Digital assets can include a wide range of property held electronically. Some of the most commonly encountered digital assets in divorce include:

  • Cryptocurrencies (such as Bitcoin, Ethereum, and others)
  • Non-fungible tokens (NFTs)
  • Online businesses and revenue-generating websites
  • Monetized social media accounts or influencer platforms
  • Domain names and hosting rights
  • Digital intellectual property, such as e-books, software, courses, and design files
  • Cloud-stored business assets or creative portfolios

These assets may have substantial financial value, even if they’re not tied to a traditional bank account or physical location.

Identifying and Valuing Digital Property

One of the first challenges in any divorce involving digital property is proper identification. Digital assets can be intentionally concealed or unintentionally overlooked if one spouse has sole control over accounts or private keys. Cryptocurrency, in particular, is difficult to trace without transparency or forensic review.

Valuation requires specialized knowledge. For example, the value of a cryptocurrency portfolio can fluctuate significantly day-to-day. Likewise, the value of an online business may depend on traffic, subscriber base, advertising revenue, or licensing potential — not just what’s in the bank account today.

In many cases, GHMA LAW collaborates with forensic accountants and digital valuation experts to properly identify and assess complex online holdings.

Dividing Digital Assets Equitably

North Carolina is an equitable distribution state, which means that marital assets are divided fairly — though not always equally — based on a variety of factors. This applies to digital property just as it does to traditional assets.

Key issues that arise in dividing digital property include:

  • Whether the asset is marital or separate in origin
  • Who created or managed the asset
  • What portion of value accrued during the marriage
  • How the asset can be practically divided (or if offsetting assets are needed)
  • Whether ongoing access or licensing rights should be preserved

Digital intellectual property, such as online courses, brand designs, or patents, often requires long-term licensing or revenue-sharing agreements. Monetized content and recurring ad revenue may continue long after the divorce, and it’s important to address who controls future updates or usage rights.

Protecting Yourself from Hidden or Transferred Assets

Because many digital assets are password-protected, pseudonymous, or portable, it’s possible for one spouse to attempt to hide value. GHMA LAW takes proactive steps to address these risks, including court-authorized discovery, forensic asset tracing, and protective orders.

If you suspect your spouse may be hiding income or value in a digital wallet, third-party platform, or private database, we can help you identify and investigate the issue.

Why Digital Asset Division Requires Legal Expertise

Digital assets are evolving faster than the legal system can write rules around them. North Carolina law provides a strong foundation for equitable division, but successful outcomes often depend on an attorney’s experience, strategy, and ability to coordinate with valuation professionals.

At GHMA LAW, we work with high-asset clients, business owners, and professionals to ensure digital property is handled with the same care and precision as any other valuable marital asset.

This article is for information purposes only and is not to be considered or substituted as legal advice. The information in this article is based on North Carolina state laws in effect at the time of posting.