What Happens When HODLers Split Up

• Crypto is becoming a top source of conflict in divorces as hidden wallets and private keys complicate asset disclosure.
• Lawyers now rely on forensic analysts to trace blockchain transactions and uncover concealed marital holdings.
• Courts treat crypto as property, but volatility and taxes make dividing digital assets uniquely contentious.

US family courts are entering a new era in which Bitcoin, Ethereum, and private keys are just as contentious as the family home. With millennials holding more crypto than any other age group and approaching peak divorce years, lawyers warn that a wave of crypto-driven divorce battles is fast approaching.

New Asset Class, New Way to Hide Wealth

For decades, divorce attorneys have dealt with offshore accounts and undeclared brokerage portfolios. But experts say cryptocurrency poses a far more complicated challenge.

“Crypto is creating the same headaches as offshore accounts, except the assets move instantly and invisibly,” said Mark Grabowski, a cyber law professor. Ownership is not tied to an account name; it belongs to whoever controls the private keys.

This means one spouse can quietly move or hide assets without leaving a traditional paper trail. Lawyers now routinely subpoena exchanges, hire forensic analysts, and comb through blockchain transactions to determine whether crypto was purchased before or during the marriage.

Meanwhile, courts are lagging. Many states don’t even list crypto as a separate category on financial affidavits.

‘Who Gets the Wallet?’ 

Divorce attorney Renee Bauer says couples often start with a simple question: who keeps the wallet? But unlike a home deed or retirement account, crypto exists in scattered keys, seed phrases, and exchange accounts, and sometimes only one spouse knows they exist.

Tracing those assets becomes digital detective work. Once confirmed, couples must decide whether to keep the wallet intact or convert crypto to cash for a clean split. Even that creates new friction.

Selling crypto may trigger capital gains taxes. Holding it exposes both parties to price volatility. In recent months alone, Bitcoin’s drop from over $126,000 to the low $80,000s erased year-to-date gains and added chaos to ongoing divorce negotiations.

Related: FOMC Meets on Dec. 9-10: How Will It Influence Bitcoin, XRP, and Other Cryptos?

Crypto Forensics Firms Are Becoming Divorce-Era Private Investigators

Meanwhile, the complexity has created a new industry. BlockSquared Forensics, founded in 2023 by Ryan Settles, specializes entirely in crypto divorce investigations. Their cases often involve spouses who discover too late that their partners secretly held significant crypto portfolios.

Using forensic tools, BlockSquared traces transactions across exchanges, continents, and hidden wallets, assembling a detailed timeline or “storyboard” of asset movement. The demand has surged, Settles says, especially in high-net-worth divorces.

But the service is expensive. Retainers start at $9,000, while deep investigations can hit $50,000 — sometimes more than attorney fees.

One recurring issue is that spouses who receive crypto in a settlement later face unexpected tax bills from years of unreported gains.

Courts Don’t Split Wallets, They Split Value

Roman Beck, professor and director of the Crypto Ledger Lab at Bentley University, says the law is more straightforward than people think. Crypto is treated as property, not money. That means coins acquired during marriage typically count as marital assets.

Courts have three main options:

• Divide the holdings on-chain by creating two new wallets,
• Sell the crypto and split the proceeds,
• Or offset the value using another property.

But private keys cannot be safely “shared,” making custody a technical and legal challenge. And while the most efficient solution is often a simple split on-chain, one spouse may not be comfortable holding or managing crypto directly.

Even when both sides want to wait for better market conditions before selling, emotional fatigue often wins. “Most just want to be done,” Beck said.

The Blockchain Has a Long Memory, and That Helps Courts

Despite crypto’s reputation for secrecy, blockchain transparency is becoming a powerful tool for divorce lawyers.

“Public blockchains act like a patient financial witness,” Beck said. Every transaction is permanent, timestamped, and traceable if you know how to read it.

As forensic tools improve, courts are relying more heavily on blockchain analytics, as up to 17% of U.S. adults have now owned crypto, according to Gallup and Pew data.

Still, attempts to hide assets persist. Forensic specialists say it’s common for spouses to start moving funds within minutes of being served divorce papers, routing coins through mixers and obscure wallets. But nearly all movements, even through tumblers, leave a traceable footprint.