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Published: 26th June 2025
From joint bank accounts to second properties, most people understand that financial assets need to be disclosed and divided fairly during a divorce. But what happens when some of your most valuable possessions aren’t physical but exist entirely online?
From monetised YouTube channels and blogs to shared online businesses and cryptocurrencies, the digital footprint you build as a couple can hold significant financial, legal and emotional value.
In this article, we look at what counts as a digital asset, the challenges involved in valuing and dividing them, and the practical steps you can take to protect your interests during your separation.
The term ‘digital asset’ covers a wide range of online property and content, ranging from income-generating ventures to your personal and emotionally significant photos and videos.
Your digital assets can be grouped into two main categories:
During divorce, income-generating digital assets are treated similarly to small businesses.
Examples include:
● Monetised social media channels such as YouTube channels or Instagram accounts
● Blogs or websites with advertising or affiliate revenue
● E-commerce stores such as Etsy, eBay, Shopify or Amazon seller accounts
● Online courses, eBooks or subscription content
● Cryptocurrency and Non-Fungible Tokens (NFTs) – these include unique digital items like artwork, music or video clips that can be bought, sold or traded online, typically held in digital or ‘cold’ wallets
These assets often involve Intellectual Property (IP) such as brand names, trademarks, logos, or other types of original content. In some cases, IP can be one of the most valuable components of the digital business. However, not all IP is financially valuable. If it doesn’t support income or business growth, it will be viewed as having little to no value.
They may not have a clear financial value, but personal digital assets can hold emotional significance and could potentially shape how you are perceived professionally or socially.
These can include items such as:
● shared cloud storage of important or sentimental photos and videos
● joint social media accounts
● shared digital libraries
● collaborative online projects such as co-written novels, or co-produced podcasts
While these assets may have limited or uncertain monetary value, they can be closely linked to your public image or sense of identity.
For example, a co-authored blog or carefully curated social media account might reflect your personal achievements, values or a shared creative identity – making them emotionally important and closely tied to how one or both of you are perceived, either by friends, family, or in the public eye.
For married couples and couples in civil partnerships, there is currently no standalone family law statute governing the handling of digital assets in England & Wales, so courts are using the existing frameworks.
Decisions about how your finances are divided during a divorce or dissolution fall under the Matrimonial Causes Act 1973 or the Civil Partnership Act 2004 and these are being adapted to meet the challenges of valuing and dividing digital content and income fairly.
As more couples build online businesses or hold digital funds comprising cryptocurrencies, it’s vital that these less tangible assets receive appropriate attention during your separation. For example, cryptocurrency has already been recognised as property under English law, following the landmark case AA v Persons Unknown [2019].
The process of giving your spouse or partner full details of your personal financial circumstances and future needs and resources is called financial disclosure. It is essential to assess your immediate financial impacts and the long-term financial needs of all involved – yourself, your spouse and any children that you may have.
Disclosure is made through a lengthy document called a Form E. It requires each of you to provide a full picture of your finances, including:
● savings
● debts
● property
● income
● pensions
● business interests – including income-generating digital assets
Failure to disclose your assets fully can lead to serious consequences, including financial penalties or the risk of a financial settlement being reopened.
When handling disputes about digital assets, courts are increasingly drawing parallels with how sole trader ventures or family-run businesses are treated. They will typically begin by asking:
● Was the digital asset built by one spouse, or both?
● Was it created before the marriage, or during it?
● Who contributed ideas, content, branding?
The answers to these questions can influence how the asset is valued and whether it forms part of the matrimonial pot.
If your digital venture includes content you’ve created, logos you’ve designed, or a business name you’ve trademarked, you likely own Intellectual Property. IP is a legal asset and it can be split or valued in the same way as a traditional business. Whether it’s a domain name, a logo, or the rights to a digital course you created, these elements are part of the financial picture in a divorce.
If you’ve built an online brand or created original content before or during your marriage, it’s important to get legal advice about whether it is likely to be subject to division or negotiation. The government’s Intellectual Property Office provides useful online guidance about valuing your intellectual property and your family law solicitor may also refer you to an independent IP expert.
Valuation is one of the biggest challenges in this evolving area. Realistically, online assets and business ventures can fluctuate in value and be hard to appraise without expert input. Would your partner’s blog with a few hundred followers be considered of value … ? What about a social media channel earning modest income now, but growing rapidly … ?
Your family law solicitor will help you to identify your digital assets and, if appropriate, will advise the appointment of a forensic accountant or specialist business valuer. They will then be able to:
● review historical earnings and contracts
● analyse web traffic and engagement
● assess brand recognition and future income potential
In some cases, you may both agree to instruct a single joint expert (SJE) to provide a neutral valuation, using various recognised methods to establish a fair market value. The goal is not only to identify what something is worth, but to gather information that can help you decide how it should be divided.
Privacy, control and shared content
Even where there’s no money involved, online content can become a battleground in divorce.
Who has the right to access, delete or manage your shared photos? Can one partner change passwords and lock the other out of a joint blog? Is it fair for a joint YouTube channel to carry on with only one of you involved?
The answers depend on ownership, consent and what both parties agree to. But it’s an area where – understandably – emotions can run high, especially if your children feature in content or the brand is linked to both of your names. If left unresolved, this could lead to requests for injunctions, access orders or data protection enforcement.
It’s best to avoid making any changes – such as deleting content or altering access – until you’ve taken legal advice. If you and your partner have complex financial arrangements, then Mediation or other forms of Alternative Dispute Resolution (ADR) can be a constructive way forward. These approaches offer a neutral space to have those important conversations in order to work towards a fair agreement on how digital assets will be shared and managed going forward.
If you run a digital business or hold significant online investments, a Prenuptial Agreement or a Postnuptial Agreement (after marriage) or Post-Civil Partnership Agreement can help safeguard your assets.
These agreements can clarify:
● What belongs to whom before the marriage
● How digital or creative assets should be treated if the relationship ends
● Whether certain business or content revenues are considered joint assets
A well-drafted agreement can reduce conflict and confusion later down the line and protect years of work. If this sounds relevant to you, we’ve covered it in more detail in our blog about Prenuptial Agreements.
Here are a few things to keep in mind:
● Be honest in your financial disclosure – digital income must be fully declared
● Gather evidence of ownership, access and value
● Take screenshots of analytics, subscriber numbers or income reports
● Securely save login details for any joint accounts
● Consider the emotional value of your shared content, not just its financial worth
This is a fast-moving area and the law is evolving too. That’s why working with a specialist who understands these complexities will make a difference. Family law solicitors are increasingly helping clients navigate the complex and often overlooked area of digital assets. If you're contemplating separation and have an online business, digital investments or shared content, it's important to take the time to understand their value and how they might be treated in a financial settlement.
At K J Smith Solicitors, we understand both the legal and human sides of divorce in the digital age. Whether you're dealing with shared content, online income or a digital business, we offer a free 45-minute consultation to help you explore your options and move forward with clarity and confidence. Just because an asset exists online doesn’t mean it should be overlooked. With the right legal advice, digital assets can be properly considered and fairly included in your financial settlement.
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