{"id":120229,"date":"2021-04-20T08:27:36","date_gmt":"2021-04-20T15:27:36","guid":{"rendered":"\/blogs\/?p=120229"},"modified":"2025-06-09T00:11:23","modified_gmt":"2025-06-09T07:11:23","slug":"digital-divorce-who-gets-the-airline-miles-and-music-files","status":"publish","type":"post","link":"https:\/\/www.mcafee.com\/blogs\/privacy-identity-protection\/digital-divorce-who-gets-the-airline-miles-and-music-files\/","title":{"rendered":"Digital Divorce: Who Gets the Airline Miles and Music Files?"},"content":{"rendered":"

Something<\/span>\u00a0<\/span>you\u2019ll<\/span>\u00a0want to know about all those movies, mp3s, eBooks, air miles, and hotel points<\/span>\u00a0you\u2019ve accrued over the years<\/span>:\u00a0<\/span>they\u2019re\u00a0<\/span>digital\u00a0<\/span>assets that\u00a0<\/span>can factor into a\u00a0<\/span>divorce<\/span>\u00a0settlement<\/span>.<\/span>\u00a0<\/span><\/p>\n

Understandably,\u00a0<\/span>several factors determine the distribution of assets in a divorce<\/span><\/a>. However,<\/span>\u00a0when it comes to<\/span>\u00a0d<\/span>ividing digital assets<\/span>, divorce settlements and proceedings are charting new territory<\/span>.\u00a0<\/span>The rate of digital innovation and adoption\u00a0<\/span>in recent years\u00a0<\/span>has filled our phones, tablets, and computers\u00a0<\/span>with\u00a0<\/span>all manner of digital asset<\/span>s.\u00a0<\/span>What\u2019s<\/span> more, there are also\u00a0<\/span>the\u00a0<\/span>funds<\/span>\u00a0sitting in our payment apps or possibly\u00a0<\/span>further monies kept in the form of\u00a0<\/span>cryptocurrencies<\/span>\u00a0like bitcoin<\/span>.\u00a0<\/span>Put plainly, the law is catching up<\/span>\u00a0with regards to the distribution of these and other digital assets like them<\/span>.<\/span>\u00a0<\/span><\/p>\n

Yet<\/span>\u00a0one thing that the law recognize<\/span>s<\/span>\u00a0is that<\/span>\u00a0digital assets can<\/span>\u00a0have value<\/span>\u00a0and<\/span>\u00a0thus<\/span>\u00a0can be considered property\u00a0<\/span>subject to<\/span>\u00a0distribut<\/span>ion<\/span>\u00a0in a divorce.<\/span>\u00a0<\/span><\/p>\n

In light of<\/span>\u00a0this, the following is a checklist of considerations that can help prepare you or someone you know for the distribution of digital assets in a fair and just way.<\/span>\u00a0<\/span>\u00a0<\/span><\/p>\n

Nothing offered in this article is legal advice<\/span><\/i>, nor should it be construed as such<\/span><\/i>. For\u00a0<\/span><\/i>legal advice<\/span><\/i>, you can and should turn to your legal professional for counsel on the best approach for you and the laws in your area.\u00a0<\/span><\/i>\u00a0<\/span><\/p>\n

What <\/span><\/b>is<\/span><\/b>\u00a0a digital asset?<\/span><\/b>\u00a0<\/span><\/h2>\n

For starters,\u00a0<\/span>let\u2019s<\/span>\u00a0get an understanding as to what\u00a0actually constitutes\u00a0a digital asset.<\/span>\u00a0<\/span><\/p>\n

Because<\/span>\u00a0laws\u00a0<\/span>regarding digital assets\u00a0<\/span>vary<\/span>\u00a0<\/span>(<\/span>and continue to evolve<\/span>)<\/span>, the best answer you can get<\/span>\u00a0to this question<\/span>\u00a0will come from your\u00a0<\/span>legal counsel<\/span>. However, for purposes of discussion, a digital asset is any text or media in digital form that has value and offers the\u00a0<\/span>bearer <\/span>the right to use it.\u00a0<\/span>\u00a0<\/span><\/p>\n

To\u00a0<\/span>put that in practical terms<\/span>,\u00a0<\/span>let\u2019s<\/span>\u00a0look at some\u00a0<\/span>r<\/span>eal-world examples of<\/span>\u00a0what could constitute a<\/span>\u00a0digital asset<\/span>. Th<\/span>at list<\/span>\u00a0include<\/span>s<\/span>, but\u00a0<\/span>is<\/span>\u00a0not limited to:<\/span>\u00a0<\/span><\/p>\n