Marquee Background
Marquee Background

Offit Kurman Blogs

Family Law

Cryptocurrency in Divorce: How Courts Handle Bitcoin, Valuation, and Disclosure

March 10, 2026

By Sandra A. Brooks

Cryptocurrency in Divorce: How Courts Handle Bitcoin, Valuation, and Disclosure

As cryptocurrencies become more common, Bitcoin is increasingly showing up in divorce cases. Unlike traditional bank accounts, dividing Bitcoin involves unique issues related to valuation, transfer, and tax consequences.

In most states, including Maryland, property acquired during the marriage is generally considered marital property, regardless of how it is titled. If Bitcoin was purchased during the marriage using marital funds, it is typically subject to division. If it was acquired before the marriage, some or all of it may be non-marital property. However, any increase in value during the marriage may still be considered when dividing assets.

Bitcoin’s price fluctuates significantly. Courts must determine a valuation date, which could be the date of separation, filing, or trial, depending on the jurisdiction. Because of volatility, the timing of valuation can meaningfully affect the outcome. Some settlements divide the actual Bitcoin amount rather than assigning a fixed dollar value to account for price swings.

There are three common methods to dividing Bitcoin: 1) Transfer in-kind: one spouse transfers a portion of the Bitcoin directly to the other; 2) Sell and divide proceeds: the parties agree to liquidate the Bitcoin and the cash is split, and 3) Offset with other assets: one spouse keeps the Bitcoin, and the other receives different marital assets of equal value. Each method has tax and risk considerations that should be analyzed and assessed.

Cryptocurrency can raise concerns about hidden assets, especially when wallets or exchanges are not fully disclosed. Courts take nondisclosure seriously.

Bitcoin is also treated as property for tax purposes. Selling it may trigger capital gains, so the tax impact should be considered when structuring any division.

While Bitcoin is divisible in divorce, its volatility and tax implications make it more complex than dividing traditional assets. Careful planning and clear settlement terms are essential to ensure a fair and enforceable outcome.

Categories: Family Law

Related People

Related Services

  • Posts
  • About
  • Subscribe

Firm Highlights

  • Podcasts
    Medicare May Already Cover the Care Advocate You Didn’t Know You Had
      What if one of the most valuable resources for family caregivers was already covered by Medicare? Before you assume you can't afford a care manager, listen to this episode. In this episode of The Sandwich Generation Survival Guide, Candace Dellacona sits down with Connor Sweeney, founder of Baba, a groundbreaking care advocacy platform that's helping family caregivers navigate one of the most overwhelming parts of caregiving—and for many Medicare and Medicare Advantage beneficiaries, the service is available at little to no cost. Inspired by his own family's experience after his grandmother suffered a stroke, Connor created Baba to give caregivers something they rarely have: a knowledgeable guide in their corner. Imagine having an expert who can: Coordinate medical care Help appeal insurance denials Connect you with specialists and community resources Arrange transportation Navigate Medicare and Medicaid benefits Reduce the endless administrative burden that leaves so many caregivers exhausted If you've ever thought, "I wish I could afford a geriatric care manager," this episode may completely change what's possible. Whether you're caring for an aging parent, a spouse with a chronic illness, or another loved one, you'll discover that help may be far more accessible than you realized—and that asking for support before a crisis can make all the difference. This conversation is filled with practical advice, hope, and one resource every caregiver should know about. To learn more about Baba, visit https://www.callbaba.com/ Follow Baba on social media: Linkedin – https://www.linkedin.com/company/callbaba/ Instagram – https://www.instagram.com/baba.helps Facebook – https://www.facebook.com/profile.php?id=61577179311253