Uncovering Digital Assets in an Illinois Divorce

 Posted on October 30, 2025 in Divorce

Over the past few years, cryptocurrency and NFTs have moved from out-of-the-ordinary to mainstream investments. Because of this, Illinois divorce courts are seeing a new wave of concealed assets between spouses. One spouse can now hide significant value in digital collectibles, blockchain wallets, or decentralized exchanges – none of which appear on a traditional bank statement.

Under Illinois law (750 ILCS 5/503), all marital property must be disclosed and equitably divided, including digital assets. However, tracing crypto or NFTs may require forensic experts, subpoenas to trading platforms, and a technical understanding of digital assets. If you suspect your spouse is hiding digital assets from you, it is essential to understand how Illinois family courts handle these assets. An experienced DuPage County, IL divorce attorney can help you navigate this relatively new area of financial assets.

What is the Legal Definition of Marital Property in Illinois?

Illinois is an equitable distribution state, meaning that marital assets are divided fairly, though not necessarily equally. Most states in the United States operate under equitable distribution, but nine states still have community property laws, which divide all marital property 50/50, regardless of any extenuating circumstances.  Marital property is generally considered to be any property acquired by either spouse after the marriage and before a judgment of dissolution.

Separate property is generally considered to be any property either spouse had before the marriage, including inheritances and gifts, as well as an inheritance or gift received during the marriage, with some exceptions. If a spouse who received an inheritance commingles it with marital assets, it can be viewed as a marital asset as well.

Digital and intangible assets are considered property, subject to equitable distribution between the spouses. Digital assets may include Bitcoin, Ethereum, Solana, meme coins, gaming tokens, digital artwork, music royalties, or metaverse real estate.

How Do Spouses Hide Digital Assets?

There are many ways to hide digital assets, often by converting them into less traceable forms during a divorce. This may be accomplished by:

• Hiding cryptocurrencies in offshore accounts or trusts
• Hiding cryptocurrencies in plain sight through less obvious platforms like online gaming or gambling accounts
• Creating multiple, separate wallets or accounts under different identities
• Converting assets into Non-Fungible Tokens (NFTs) and other blockchain investments makes them harder to trace.  

How Hidden Digital Assets May Be Located

Forensic accountants are professionals who examine bank and investment accounts for any traces of digital asset transactions. These investigators can trace the digital footprint of blockchain transactions to uncover hidden connections between different crypto wallets and addresses. Financial records will be reviewed to identify any transactions related to online gaming, crypto exchanges, and other digital assets.

Perhaps one of the most common indicators is a spouse’s sudden interest in cryptocurrency, unexplained money transfers, or the purchase of hardware wallets, devices used to store cryptocurrencies. Unexplained transfers from joint accounts to Coinbase or Binance or income inconsistencies between tax returns, and lifestyle are also indicators.

Are There Legal Consequences to Concealment of Assets During a Divorce?

When one spouse fails to disclose marital assets, he or she has violated Supreme Court Rule 213 and may be subject to sanctions, contempt charges, or attorney’s fees under 750 ILCS 5/508(b). If the fraud is found after the divorce decree, the court may impose discovery sanctions or reopen a judgment. The spouse alleging concealment must show credible inconsistencies suggesting undisclosed holdings.

Once digital assets are discovered, the ownership and value must be determined. Valuation can depend on many different things, including intellectual property rights attached to tokens and market volatility. Unlike cash, NFTs cannot be split; the court may order one spouse to retain the NFT after compensating the other for the appraised value.

Contact a Wheaton, IL Marital Property Division Lawyer

If you suspect your spouse is hiding cryptocurrency or NFTs during a divorce, you need a highly experienced DuPage, IL divorce attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC to help you sort it out and obtain a fair settlement. Our divorce attorneys work with forensic accountants and crypto experts to identify, value, and recover concealed assets while protecting your fair share. MKFM Law serves family law clients in DeKalb County, Kane County, and DuPage County. Call 630-665-7300 to schedule your initial attorney meeting.