As part of the strategic partnership with Summ, Mark DiMichael from Citrin Cooperman has prepared this educational article to break down crypto matters in divorce.
Digital assets are no longer a fringe issue in matrimonial law. With billions of dollars now stored in wallets and exchanges, clear, defensible accounting records often determine whether a settlement is swift and equitable—or contentious and costly. Robust records could help resolve three core questions that judges and attorneys routinely ask:
- What exists?
- Who owns it?
- What will it cost (in taxes) to liquidate or transfer it?
Well-organized data from tools such as Summ can assist with this process.
Selling Crypto to Fund a Divorce Payment: Know the Tax Hit
When one spouse must sell cryptocurrency to raise cash for an equitable distribution payment, every disposition triggers a capital gain or loss.
Example | BTC Basis | FMV on Sale | Realized Gain
Purchased June 2020 | $10,000 | $60,000 | $50,000
Purchased Feb 2024 | $55,000 | $60,000 | $5,000
Those gains flow directly onto the seller’s Form 8949 and Schedule D, creating taxable events, reducing the net funds available for the parties to a divorce. A clear transaction history lets advisors model after-tax proceeds so both parties can negotiate with eyes wide open.
Direct Transfers Are Tax-Deferred, But Basis Travels With the Coins
Under §1041 of the Internal Revenue Code, property transfers “incident to divorce” are non-recognition events. That means:
- No gain/loss today when BTC, ETH, NFTs, or any asset moves between spouses.
- Carryover basis: The recipient steps into the transferor’s shoes. If Spouse A’s Bitcoin has a $5,000 basis and a $60,000 fair market value, Spouse B inherits the same $5,000 basis.
Why it matters: When Spouse B eventually sells, they—not Spouse A—will owe tax on the $55,000 embedded gain. Good records prevent potential tax surprises years later.
Practical tip: Attach a Basis Allocation Schedule to the Stipulation of Settlement so both spouses (and the IRS) have written proof of each lot’s cost basis and acquisition date.
Embedded Gains: Equal Value ≠ Equal After-Tax Value
Dividing a marital estate dollar-for-dollar can be misleading:
Asset | Current Value | Unrealized Gain | Effective After-Tax Value*
Bitcoin (held >12 mo) | $100,000 | $50,000 | $100,000 − ($50,000 × 20 %) = $90,000
Cash | $100,000 | - | $100,000
*Assumes a 20% long-term federal capital-gains rate and no state tax. State and Net Investment Income Tax can push the rate higher.
A precise lot-by-lot report from Summ (or similar program) lets divorcing spouses, and their attorneys understand the tax-effect of each asset.
Finding Hidden Coins
Some spouses will downplay or deny historical crypto activity, and I’m often engaged by non-monied spouses that suspect cryptocurrency has gone missing. Any individual selling or spending their cryptocurrency are required to report their capital gains/losses and are required to keep records for support.
Those records can be kept in any form but often require sophisticated accounting programs to consolidate transaction records that can occur in multiple wallets and multiple exchanges. Tracking transactions in Microsoft Excel becomes extraordinarily burdensome when transactions include transfers between wallets and exchanges that commingle coins purchased at different prices and at different points in time. Individuals with dozens of wallets, dozens of exchanges require programs such as Summ to get the job done.
In a divorce litigation matter, it is always advisable to request those records. A court may draw a negative inference when records are missing or contradictory.
Transparency as a Litigation Strategy
In some cases, the crypto-savvy spouse is happy to be transparent, but the non-monied spouse remains wary. Granting read-only access to a live accounting platform can calm nerves and shorten discovery. In several divorce litigation matters, I have been able to view a spouse’s transaction history with data pulled live from the spouses’ exchange and wallet accounts via API.
Investigators should be aware, however, cryptocurrency accounting programs do allow individuals to change, add, and remove transactions manually. Therefore, I will generally perform some additional steps to investigate and validate the transactions/balances in more contentious divorce litigation matters.
Closing Thoughts
Cryptocurrency doesn’t have to complicate a divorce. Accurate, software-driven records can:
- Quantify taxes before anyone liquidates.
- Expose or explain alleged hidden assets.
- Streamline negotiations through full transparency.
If you or your ex-spouse hold digital assets, enlist a qualified forensic accountant early and leverage tools like Summ to build a rock-solid evidentiary foundation.
Contact Mark DiMichael or another member of Citrin Cooperman’s Digital Assets Practice to further discuss.
About Summ
Summ simplifies crypto tax reporting across 3,500+ wallets, exchanges, and blockchains. It generates precise, accountant-endorsed reports for a wide range of crypto activity, including DeFi and on-chain transactions, helping users stay fully compliant.
About Citrin Cooperman
Mark DiMichael, CPA/ABV, CFF, CFE, CCFI is a forensic accountant specializing in divorce matters; Citrin Cooperman Digital Asset Practice Leader.
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