The growing importance of digital assets in separation

The end of a marriage inevitably involves the division of assets built together. While in the past the focus was on houses, current accounts, and cars, today reality is much more complex. We live in a digital age, where a significant portion of our wealth can be intangible: cryptocurrencies, online account balances, monetized social profiles, web domains. Facing this new frontier without expert guidance can lead to significant financial losses. As a divorce lawyer in Milan, Avv. Marco Bianucci has developed specific expertise in identifying and managing the proper division of these assets, ensuring that every valuable item is fairly considered.

What are digital assets and how does the law treat them?

Digital assets are intangible assets with concrete economic value. Although Italian law does not yet have an exhaustive list, jurisprudence and practice have established the principle that anything with patrimonial value, acquired during the marriage, must be subject to division. This category includes a wide range of often overlooked assets: balances on accounts like PayPal or Stripe, cryptocurrency portfolios (Bitcoin, Ethereum, etc.), online trading accounts, registered internet domains, e-commerce sites, YouTube channels or social profiles with a following and monetization, up to loyalty points and airline miles of considerable value. Their legal management depends on the matrimonial property regime chosen by the spouses: under the community of property regime, the value of these assets, if created or acquired after the marriage, must be divided 50%, even if registered in only one spouse's name.

The Bianucci Law Firm's Approach

The division of digital assets requires an approach that combines legal expertise and technical knowledge. The approach of Avv. Marco Bianucci, a divorce lawyer with extensive experience in Milan, is based on meticulous and strategic analysis. The first step is a 'discovery' phase, i.e., the identification and mapping of all digital assets attributable to the spouses, a process that requires in-depth investigation. Subsequently, their correct economic valuation is carried out, a complex operation that may require the assistance of IT or financial experts. Only at this point is it possible to set up effective negotiations to reach a fair division agreement or, if necessary, to present the correct claims to the judge to fully protect the client's rights.

Frequently Asked Questions

Are cryptocurrencies purchased during the marriage included in the community of property?

Yes, cryptocurrencies purchased during the marriage with work income or joint funds are fully included in the legal community of property. The main challenge lies in tracing them, given the often anonymous nature of wallets, and in valuing them correctly due to their high volatility. The assistance of a lawyer who knows how to proceed to ascertain their existence and value at the time of separation is crucial.

How is the balance of a PayPal account or a trading account divided?

The balance on a PayPal account or an online trading platform is equated to the balance of a bank current account. Therefore, if the account is jointly held or if it has been funded with joint money under the community of property regime, the balance existing at the time of separation must be divided equally between the spouses.

Should a monetized YouTube channel be considered in the division?

Absolutely yes. A YouTube channel, a blog, or a social profile with a significant number of followers and consistent income streams represents a true 'business asset'. Its value is not only given by direct revenue but also by the brand and goodwill. This value must be estimated and can be included in the division of assets or affect the determination of maintenance payments.

What happens to web domains or e-commerce sites created by a spouse?

If a web domain or an e-commerce business was started during the marriage under a community property regime, it is considered a business belonging to the community itself. Its market value, including inventory, goodwill, customer base, and domain value, must be calculated and settled to the other spouse for their 50% share.

Contact the Firm for an Assessment of Your Case

The division of assets in a divorce is a delicate process that today requires updated skills for new forms of wealth. Neglecting digital assets means risking giving up an important part of what you are entitled to. The Bianucci Law Firm in Milan offers targeted advice to approach the complexity of asset division in the digital age with clarity and strategy. If you are facing a separation and wish to protect your rights, contact the firm to receive qualified assistance from a divorce lawyer experienced in managing these issues.