As ownership of digital assets becomes more common in this day and age, questions often arise during divorce: How are digital assets like cryptocurrency, online accounts, or digital files dealt with in Singapore?
In Singapore, digital assets can form part of the pool of matrimonial assets, and how they are handled during divorce depends on several legal and practical factors.
Here’s what you need to know.
What Are Digital Assets?
In the context of a divorce, examples of digital assets include:
- Cryptocurrencies (e.g. Bitcoin, Ethereum)
- Digital currencies stored in digital wallets and trading accounts (e.g. Gemini)
- NFTs (i.e. non-fungible tokens)
- Online account value (e.g. gaming credits, eBooks, frequent flyer points)
While there are no provisions in the Women’s Charter 1961 that deal with digital assets specifically, the Monetary Authority of Singapore have started to regulate the trading of digital assets like digital payment tokens and providers that trade such assets.
Examples of legislation that have been passed recently regulating the licensing of payment service providers that trade digital assets are the Payment Services Act 2019.
The Family Justice Courts now routinely treat such digital assets as matrimonial assets and/or property of value to be considered in divorce proceedings.
Are Digital Assets Considered Matrimonial Property?
Yes — if they were:
- Acquired during the marriage;
- Ordinarily used by the family (e.g. to pay for household expenses); or
- Substantially improved by the other party during the marriage
Under Section 112 of the Women’s Charter, digital assets that meet these criteria are usually considered matrimonial assets, subject to division in divorce.
Valuing Digital Assets in Divorce
Valuation can be complex due to market volatility.
Generally, Singapore courts determine what assets are part of the pool of matrimonial assets at the date of the Interim Judgment and value assets in the pool of matrimonial assets at the date of the ancillary matters hearing. The only exception to the above position is for bank accounts and CPF accounts, which are valued at the date of the Interim Judgment.
Accordingly, digital assets will normally be valued at the date of the ancillary matters hearing, unless there are extenuating circumstances that suggest that they should be valued at another date. This means both spouses may have to share and bear the risks of any appreciation or depreciation of the digital assets between the date of the Interim Judgment and the date of the ancillary matters hearing.
Tracing & Discovering Digital Assets
One key challenge in dividing digital assets is locating these assets and ensuring full and frank disclosure.
During the divorce process, parties are expected to provide full and frank disclosure of all relevant matters, including but not limited to the identity of all assets and their values.
In terms of digital assets, parties may sometimes encounter issues clearly identifying what digital assets form part of the pool of matrimonial assets, depending on when they were purchased and how much each party has contributed to each digital asset.
Examples of where digital assets can be located include:
- Cryptocurrency trading sites (e.g. Bitcon, Ethereum)
- Digital wallets (e.g. Binance, Coinbase)
- NFTs or token holdings
If there has not been full and frank disclosure of any digital assets, parties may apply for orders to assist with locating or valuing these digital assets:
- Orders for disclosure of any documents (e.g. account statements);
- Orders for disclosure of any information (e.g. to pose questions regarding digital assets); or
- Appointment of experts to assist in the valuation of any digital assets
Note: Illegally accessing your spouse’s accounts (e.g. hacking) without their knowledge or consent may be an offence under the Computer Misuse Act 1993 in Singapore.
Real-World Examples of Digital Assets in Divorce
Digital assets in divorce commonly include:
- Cryptocurrencies: Bitcoin, Ethereum, Dogecoin
- NFTs: digital art or collectables
- Trading accounts (e.g. Gemini, eToro, Robinhood)
- Monetised content or creator accounts
Read more: How to Handle Cryptocurrency in Divorce Proceedings
Legal Considerations: How Singapore Courts Decide
When deciding how to divide digital assets, the Court will consider the following aspects:
- Contributions by each spouse (financial & non-financial)
- The nature and risk of digital assets (e.g. speculative tokens vs stablecoins)
- Whether division should be in kind (actual transfer of the assets) or in value (equivalent offset)
The approach is guided by existing principles (such as those from ANJ v ANK) and adapted for the evolving nature of digital ownership.
Practical Tips for Dividing Digital Assets
- Create an inventory of all your digital holdings
- Document the fluctuations of the assets and the values of the assets between the Interim Judgment and the Ancillary Matters hearing date
- Disclose everything — non-disclosure of digital assets can result in the Court making adverse inferences against you
- Seek advice early if large digital holdings are involved
Get Advice on Digital Assets in Your Divorce
Digital assets are no longer fringe concerns—they’re part of the mainstream financial picture in many Singapore divorces. Proper identification and division are key, whether it’s a crypto portfolio or an online business account.
Contact GJC Law to discuss how digital assets may affect your divorce settlement.
We’re here for you
Should you have any questions or would like more information on the Division of Matrimonial Assets, please contact Gloria James-Civetta & Co to speak to one of our lawyers.
