Divorce
Q. During divorce negotiations, my husband's pre-marriage cryptocurrency significantly increased in value. Are unrealized gains subject to property division?
A.
If actively traded during marriage, gains may be divisible. Passive holding likely remains separate property.
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Pre-marriage crypto is "special property" (Art. 762(1)), but appreciation during marriage is debatable. If actively traded during marriage, gains may be divisible. If merely held, appreciation likely remains special property. Valuation date is typically separation or trial date. Crypto division is a newer legal issue; exchange and blockchain records are key evidence.
This article provides general legal information and does not constitute legal advice. For specific legal issues, please consult with a qualified attorney.
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