Digital Assets in Divorce: Locating, Identifying, and Valuing Cryptocurrency and Nonfungible Tokens

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Family Law
- event Date
Tuesday, May 2, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide family law practitioners on identifying, locating, and valuing digital assets, such as cryptocurrency and nonfungible tokens (NFTs), in a divorce. The panel will offer best practices for handling the unique challenges presented by these ever more prevalent and increasingly more complex and valuable marital assets.
Faculty

Mr. DiMichael is a partner in the forensic, litigation, and valuation services department. He is also the co-founder and co-leader of the firm's Digital Asset Committee, focusing on addressing the unique needs of Citrin Cooperman clients in the digital asset space.

Mr. Shilts is an industry-leading expert in forensic accounting and business valuation (“FVS”), a thought leader, educator, and entrepreneur who assists attorneys, individuals, and businesses with complex financial matters and disputes. A focused problem-solver, he is equal parts expert, sleuth, and engaging communicator who thrives on the challenges and demands of his career. Mr. Shilts has held roles with public accounting firms ranging in size from the “Big Four” to smaller regional and local firms, as well as large public organizations throughout Florida and New York.

Mr. Gilston has chosen to limit his practice to family law, including the areas of divorce, custody, equitable distribution, child support, alimony, spousal support, enforcement/modification of property settlement agreements, and prenuptial agreements.
Description
Family law practitioners must understand digital assets, such as NFTs and cryptocurrency, due to their novelty and the difficulty of discovering, assessing, and litigating over them. These assets are increasingly common, ever more complex, not heavily regulated, and easy to hide. Even if disclosed, digital currency is often difficult to value. Failure to recover, preserve, or appropriately value these assets during divorce and property division could result in grave harm to the client.
In today's divorce proceedings, counsel should formally request documentation concerning cryptocurrency, NFTs, and any other similar currency. It may take a forensic accountant to uncover these items if a spouse refuses to disclose them. Failure to do so may deprive the non-cryptocurrency-owning spouse of a significant financial asset.
Proper disclosure of cryptocurrency or NFTs does not end the special issues related to these assets. They must be valued. But they are highly speculative and subject to wild swings in value. Such fluctuations add substantial complexity to divorce proceedings.
Listen as our panel provides guidance to family law practitioners on best practices for uncovering and addressing the existence of cryptocurrency assets in a divorce. The panel will discuss ways to navigate the unique issues associated with locating and valuing digital assets and best practices for managing this marital asset.
Outline
- Overview of digital assets
- Requesting records
- Reviewing records
- Forensic investigation strategies
- Valuation
- Best practices for counsel in handling digital assets in divorce
Benefits
The panel will review these and other relevant topics:
- What are cryptocurrency and NFTs, and where are they found?
- How can divorce attorneys locate digital assets in a spouse's financial records?
- How are these volatile assets valued?
- What are the liquidity issues related to digital assets?
- What are best practices for counsel when handling divorces that involve cryptocurrency assets?
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