In our increasingly digital world, many couples in Queensland bring a range of digital assets into their relationship — and these assets may need to be dealt with if the relationship breaks down. Whether it’s cryptocurrency, an online business, a monetised social media account or another form of digital property, these can carry real financial value and legal implications.
This guide explains how such digital assets may be recognised, valued and divided under Australia’s family law framework (which applies in Queensland), and how you can take steps to protect your interests when separating.
Please note: this is general information only and not legal advice — please contact VM Family Law for accurate, tailored advice. Our full contact details can be found here: https://www.vmfamilylaw.com.au/contact/
What qualifies as a digital asset?
In the context of family law property settlements, “digital assets” can include a variety of items that exist in digital or electronic form. Examples might include (but are not limited to):
Cryptocurrencies (e.g., Bitcoin, Ethereum, etc.)
Non-Fungible Tokens (NFTs) used in art, collectibles or games
Digital wallets holding cryptocurrency or tokens
Online businesses (e-commerce stores, service websites)
Social media or influencer accounts that generate income
Domain names, licensed digital content, digital templates
Intellectual property stored or monetised digitally (e-books, online courses, etc.)
While not exhaustive, this gives a sense of the kinds of assets that may arise.
Legal recognition of digital assets in Australia
Although the Family Law Act 1975 (Cth) does not explicitly mention “cryptocurrency”, “NFTs” or “digital wallets”, the legal principles for property settlement apply broadly to “property, assets, liabilities and financial resources”.
That means that digital assets may form part of the asset pool for division by the court under the Act. For example, commentary notes that:
“In recent years … Australian family law courts have … treated digital assets, particularly cryptocurrency, as property available for adjustment and distribution in property settlement proceedings.” TVED
Thus, in Queensland (and Australia generally) parties should assume that digital assets may be considered in a settlement, provided the necessary evidence of ownership and value is available.
How digital assets may be included in the property pool
Under the Family Law Act, certain key steps apply in property settlement proceedings (for marriages under s 79 and for de facto relationships under s 90SM/90SF). Federal Circuit Court Australia
In broad terms:
First, the “pool” of assets, liabilities and financial resources is identified.
Second, the contributions of each party (financial, non-financial, direct, indirect) are assessed.
Third, the parties’ future needs are considered.
Finally, the court determines what order is “just and equitable”. Federal Circuit Court Australia
Digital assets may be included in the pool if they meet the required tests: for instance, evidence of ownership or entitlement, evidence of value, and evidence that they form part of the parties’ asset holdings.
Particular features that may make digital assets relevant:
They may have been acquired during the relationship or earlier, but increased in value during the relationship.
One party may have made contributions (financial or non-financial) to their acquisition or growth.
Even pre-relationship assets may be considered if the other party contributed to their maintenance or growth.
It is important to avoid simplistic binaries such as “only assets acquired during the relationship” versus “only assets before the relationship”. The reality is more nuanced.
Valuation and division of digital assets
Valuation
Valuing digital assets presents unique challenges, including but not limited to:
Rapid fluctuations in value (especially cryptocurrencies).
Lack of clear market comparators for certain digital assets (e.g., unique NFTs, monetised social media accounts).
Difficulty establishing who holds or controls the asset (wallets, exchange accounts, private keys).
Potential for assets to be hidden, moved or transferred with little trace.
Because of this, practitioners often engage specialists (forensic accountants, digital asset valuers) and consider issues such as: what date the valuation should apply; how to deal with volatility; whether one party should carry the risk of change in value.
Division
Once value is determined (or estimated), digital assets can be treated similarly to other property. Possible approaches include:
One party retains a digital asset and the other receives a corresponding offset in cash, property or superannuation.
Sale of the digital asset (or conversion to cash) and distribution of proceeds.
Clearly setting out the digital asset in consent orders or binding financial agreements, ensuring that future value changes or risk are addressed.
In all cases, the court must ensure the outcome is just and equitable based on the facts of the case.
How to protect your digital asset interests during separation
Here are practical steps to consider:
Full and frank disclosure
Under the Family Law Rules and the Act, each party is required to give full and frank disclosure of their assets, liabilities and financial resources. This extends to digital assets.
Ensure you record: wallet addresses, account names, exchange statements, transaction histories, screenshots of holdings.
Failure to adequately disclose may lead to adverse findings by a court.Document and secure evidence early
Digital assets can be moved or disposed of quickly. You should gather and preserve evidence such as:Wallet/balance screenshots
Exchange/export statements
Emails or notifications of transactions
Login/access information (where appropriate and within legal/privacy boundaries)
Records of online business revenue, social-media monetisation, domain ownership, etc.
Consider specialist assistance
If you suspect assets have been hidden, transferred offshore or otherwise manipulated, you may need: digital forensic accountants; cybersecurity consultants; blockchain tracing specialists.Use legal mechanisms to formalise the division
Binding Financial Agreements (BFAs): these can be entered into before, during or after a relationship to define how assets (including digital ones) will be dealt with.
Consent Orders: once parties agree on division, a court may approve consent orders which make the agreement enforceable.
These tools help make sure that digital assets, which may be fluid or volatile, are clearly addressed.
Stay active and monitor movement
Even after the separation process starts, it’s wise to monitor significant changes: large transfers, sudden disposal, new wallet creation. Notify your lawyer if you become aware of suspicious activity.
Frequently Asked Questions
Q: What kinds of digital assets are there?
A: Digital assets may include cryptocurrency, NFTs, online income streams, digital businesses, domain names, digital content/licences and social media accounts with commercial value. They all require tailored analysis when it comes to valuation and disclosure.
Q: Is there a “standard split” like 70/30?
A: No. The outcome depends on the unique contributions and future needs of each party. The court aims for a result that is just and equitable — not a fixed percentage. Federal Circuit Court Australia
Q: If digital assets are in only one person’s name, do they still count?
A: Possibly yes. What matters is whether the asset or interest belongs (legally or equitably) to the pool of property — not just whose name the account is in.
Q: Are wallet addresses enough to prove a digital asset?
A: A wallet address is one piece of evidence, but on its own may not be sufficient. Additional records (e.g., exchange statements, transaction history, corroborating emails) are often needed.
Q: What if my ex-partner won’t disclose their crypto or other digital assets?
A: Non-disclosure can carry serious consequences. The court may draw adverse inferences, impose cost orders or adjust the division in favour of the honest party.
Q: Can I freeze digital assets while separation is happening?
A: In appropriate cases, parties can seek interim (interlocutory) orders to prevent disposal or movement of assets including digital ones. Whether this is available depends on the facts of the case.
Q: Do I need a lawyer to deal with digital assets in property settlement?
A: Yes — given the complexity of digital assets (valuation, tracing, disclosure), you should engage a family lawyer experienced in these matters. You may also need valuers or forensic specialists.
Final Thoughts
As technology advances, the number and diversity of digital assets in relationships are growing. That means the property settlement process must evolve too. Digital assets bring particular challenges: rapid value change, difficulty in tracing or valuing, and new questions around ownership and control.
If you or your former partner have cryptocurrency, NFTs, an online business, digitised intellectual property or another digital wealth component, it’s important to act early: gather records, seek specialist advice, and ensure everything is clearly documented.
If you’re in Queensland and facing separation, speaking to a lawyer who understands both family law and digital-asset issues is a key step towards a fair outcome.
