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Dividing Digital Assets in a Divorce

By Ullian Associates of The Law Firm of Ullian & Associates, P.C. on April 16, 2015

An emerging issue in divorce law is how to divide digital assets. Many of our clients don't think they have any digital assets until we start asking specific questions. Most people have at least one of the following: airline miles, music on an iTunes account, a Netflix account, eBooks on a Kindle, a website, or digital photographs. It is important to take this first step and identify these assets so they can be clearly divided in your Divorce Agreement. Some of these items can be duplicated, such as the photographs, so that each spouse can have a copy. Other items can have two separate login accounts so that each party can access their own. However, other items cannot be shared or copied and need to be divided. These assets will vary in value from sentimental value to substantial value. Once valued, any digital assets that cannot be shared, must be split between the parties like other tangible assets.

It is important to consider all types of assets that you or your spouse have so that they can be addressed in the division of assents in your divorce.

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