Are Cryptocurrencies or NFTs Worth Anything in an Illinois Divorce?

 Posted on February 04, 2026 in Division of Assets

Digital assets like cryptocurrencies and non-fungible tokens (NFTs) have become more common investments. If you or your spouse own these digital assets, you need to understand how Illinois courts treat them during divorce.

Property division is often one of the most difficult parts of a divorce, especially when digital assets are involved. If you are planning to get divorced in 2026, our DuPage County property valuation attorney can help make sure these assets are properly valued and divided.

How Does Illinois Law Treat Cryptocurrency and NFTs in Divorce?

Illinois is an "equitable distribution" state under 750 ILCS 5/503. This means courts divide marital property fairly (which doesn't always mean equally). Cryptocurrencies and NFTs are considered property under Illinois law, just like stocks, real estate, or bank accounts.

If any digital asset is acquired during a marriage using money made during the marriage, they are subject to division. Even if only one spouse purchased or manages the digital assets, both spouses have a legal claim to their value.

If one spouse owned cryptocurrency or NFTs before the marriage, or received them as a gift or inheritance during the marriage, they will likely be considered separate property. When the assets were acquired is the most important factor when deciding who they belong to.

Are Digital Assets Different From Other Property in an Illinois Divorce?

Digital assets offer unique challenges in a divorce. The most difficult thing about these assets is that they can be very hard to find and to value. Unlike bank accounts or retirement funds that show up on statements, cryptocurrency stays in digital wallets. These may be difficult to trace. This makes it easier for a dishonest spouse to hide cryptocurrency if they want to. It is possible for one spouse to never even know that the other had cryptocurrency.

NFTs have similar challenges. Their value changes often and a lot, depending on market demand. Because of this, it is hard to determine the value at any given moment.

How Can I Find Out if My Spouse Has Hidden Cryptocurrency or NFTs?

Illinois law requires both spouses to fully disclose all assets during divorce proceedings. This includes digital assets. If you think your spouse owns cryptocurrency or NFTs that they have not disclosed, your lawyer can use legal tools to try to find them.

"Discovery requests" are when a lawyer demands information using a written request. They can also ask for records from cryptocurrency platforms where your spouse may have accounts.

A forensic accountant can look at financial records, tax returns, and electronic communications to trace cryptocurrency purchases or NFT transactions. Forensic accountants are experts at finding where money has been, including digital assets.

Email and text message records can give clues about cryptocurrency investments or where digital assets are stored. Social media posts can also sometimes help an attorney know where to look.

How Are Cryptocurrencies and NFTs Valued During Divorce?

Because digital assets' worth changes so much, courts often use the value as of a specific date. This could be the date the divorce petition was filed or the date of trial.

For cryptocurrencies like Bitcoin or Ethereum, determining value is fairly straightforward since these trade on public exchanges with transparent pricing. However, for lesser-known cryptocurrencies or NFTs, valuation is harder.

NFTs are especially challenging because each one is unique. Unlike stocks, where every share has the same value, each NFT must be valued based on what similar items have sold for recently. Some NFTs that sold for thousands of dollars before may now be worth very little now and vice versa. Your attorney may need to hire a digital asset valuation specialist to give an accurate estimate of what the digital assets are worth.

What Happens to Cryptocurrency and NFTs After the Division in a Divorce?

After digital assets are valued and divided, they must be transferred. This can be complicated as well. Cryptocurrency can be transferred between digital wallets, but it requires technical knowledge. NFTs can also be transferred, but the process depends on which blockchain they exist on.

Some divorcing couples choose to sell their digital assets and divide the cash proceeds rather than trying to split the actual cryptocurrencies or NFTs. This simplifies the division, but may trigger tax consequences.

Call a Naperville, IL Divorce Lawyer Today

If you own cryptocurrency and NFTs, or you believe your spouse does, protecting your rights takes legal help from someone who understands traditional divorce law and modern digital asset valuation. A DuPage County asset valuation divorce lawyer can help.

Don Cosley at Pesce Law Group, P.C. has almost two decades of legal experience handling complex divorce cases. Contact us at 630-352-2240 today for a free consultation.