Peer-to-Peer Crypto Asset Sharing Becomes Legal
South Korean laws allow spouses to claim cryptocurrency and Bitcoin assets during divorce proceedings. This is an important development regarding the acceptance of cryptocurrencies as marital property.
A law firm called IPG Legal, which specializes in the country’s legal system, made important statements about how crypto assets should be handled in divorce cases. According to the firm, married couples now have the right to share cryptocurrencies during divorce.
Citing the South Korean Civil Code, IPG Legal stated that both tangible and intangible assets can be shared during the divorce process.
In the statement made by the company, “Article 839-2 of the Korean Civil Code. “In accordance with the article, both spouses may request the sharing of marital property accumulated during the marriage in case of divorce.” This regulation reveals that cryptocurrencies can be shared like other tangible assets during divorce.
A decision by the South Korean Supreme Court in 2018 confirmed that cryptocurrencies and virtual assets are considered property due to their economic value. This allows any cryptocurrency acquired during the marriage to be considered marital property.
If a spouse is aware of their partner’s crypto exchange wallets, courts may initiate a “true search investigation” to determine the value of those assets. This process helps in accurately evaluating crypto assets during divorce.
The transparency provided by blockchain technology makes it easier to track crypto investments than traditional cash. Recording all transactions prevents outsiders from changing or deleting these records.
Additionally, bank withdrawal records and other forensic investigations can help discover unknown crypto assets. Spouses may choose to convert crypto assets into cash or share tokens directly before splitting crypto assets during divorce.
In recent years, the increasing use of cryptocurrencies in the financial world has led to more divorce cases involving digital assets around the world.
For example, in the case of a couple going through a divorce in New York, the wife hired a forensic accountant to uncover her husband’s hidden Bitcoin holdings. This situation reveals what role crypto assets can play in divorce processes.
His wife discovered that her estranged husband had undeclared 12 Bitcoins (BTC) — worth nearly $500,000 — in a secret crypto wallet.
“I never thought about it because we weren’t talking or investing together,” the woman said. “It was definitely a shock,” he said. Such situations have become an important element to consider in digital assets divorce processes.
While the legal framework in South Korea strengthens the legal status of cryptocurrencies, similar practices are expected to be seen in other countries. Legal recognition of crypto assets in marriage processes can change the course of divorce cases and play an important role in ensuring justice between spouses.
These developments show that the place of digital assets in the financial system is becoming increasingly important. The fact that cryptocurrencies are becoming more common in divorce processes may be an indication that similar situations will continue to increase in the future.