Navigating Digital Assets and Social Media During a Divorce in Michigan
If you’re going through a divorce, you already know it can be complicated—but in today’s digital world, it’s not just houses, bank accounts, and vehicles you need to think about. Your digital assets—from cryptocurrency to social media profiles—can also play a big role in the division of property and the overall outcome of your case.
At The Mitten Law Firm, our Michigan divorce attorneys understand that your online presence is as valuable as your physical property. We help clients protect their financial interests, personal reputations, and future security when navigating the increasingly complex world of digital divorce issues.
What Counts as a Digital Asset in a Divorce?
A digital asset is any online or intangible property that holds financial or personal value. Common examples include:
- Social media accounts (Facebook, Instagram, TikTok, LinkedIn, etc.)
- Online businesses (e-commerce stores, blogs, influencer platforms)
- Cryptocurrency and NFTs
- Domain names and websites
- Digital photos, videos, and creative works
- Loyalty points or digital rewards
- Cloud storage accounts with valuable content
Some digital assets are straightforward to value, while others—such as personal photos or creative works—carry significant emotional importance. Both types can be subject to division in a Michigan divorce.
Are Digital Assets Marital or Separate Property in Michigan?
Michigan is an equitable distribution state, meaning marital property is divided fairly, not necessarily equally. Digital assets follow the same rules:
- Marital property – Digital assets acquired or created during the marriage are usually subject to division.
- Separate property – Assets owned before marriage may remain separate, unless they were commingled with marital resources or increased in value due to marital efforts.
Example:
If you built a YouTube channel before the marriage but your spouse contributed to its growth during the marriage, the increase in value could be considered marital property. Similarly, cryptocurrency acquired with marital funds will likely be divided, even if it’s stored in an individual account.
The Role of Social Media in Divorce Cases
Social media can influence nearly every aspect of a divorce case—property division, custody disputes, even spousal support. Anything posted online could potentially be used as evidence.
Best practices from an experienced Michigan divorce attorney:
- Avoid posting about finances, vacations, or new relationships during the divorce.
- Do not delete posts or accounts without legal advice—this can be seen as destroying evidence.
- Assume anything you post could be shown to a judge.
Valuing Digital Assets
Determining the value of digital property often requires professional expertise. Depending on the asset type, valuation may involve:
- Business appraisals for monetized websites or social media accounts.
- Forensic accounting for cryptocurrency portfolios.
- Market comparisons for domain names, NFTs, or online stores.
Documenting revenue streams, ownership details, and account histories is critical to ensure fair division.
Protecting Your Digital Footprint During Divorce
When a divorce is imminent, it’s important to:
- Secure your accounts – Change passwords on personal accounts (without improperly restricting your spouse’s access to joint accounts).
- Preserve evidence – Keep all digital content intact until your attorney advises otherwise.
- Document ownership – Save records that prove when and how you acquired each asset.
- Update security settings – Change password recovery questions to prevent unauthorized access.
Including Digital Asset Clauses in Your Divorce Agreement
An effective divorce settlement should include provisions for handling digital assets, such as:
- Who will control shared social media accounts.
- Buyout terms for an online business.
- Agreements on transferring domain names or websites.
- Clauses preventing either party from posting disparaging content post-divorce.
Including these details helps avoid future disputes and protects your reputation.
Example: Protecting an Online Business
A past client co-owned a successful Etsy store with their spouse. The business was created during the marriage, so it was considered marital property. Rather than operate the store together post-divorce, the parties agreed on a fair buyout price and transferred full ownership to one spouse—allowing the business to continue without disruption and giving both parties closure.
Why Work with a Michigan Divorce Attorney on Digital Asset Issues?
Digital assets can be overlooked in a divorce—but their value, both financial and personal, can be significant. An experienced Michigan divorce attorney can:
- Identify all digital assets that may be subject to division.
- Work with financial and technology experts to determine accurate values.
- Protect your online reputation and privacy throughout the case.
- Ensure your divorce agreement includes clear, enforceable terms for digital property.
In a divorce, your online assets deserve the same careful attention as your home, retirement accounts, and other major property. Mishandling them can lead to unnecessary conflict, lost income, and reputational harm.
At The Mitten Law Firm, we combine legal knowledge with modern digital awareness to protect every part of your life—online and offline. If you’re facing a divorce in Michigan and want to ensure your digital assets are handled properly, contact us today for a confidential consultation with an experienced Michigan divorce attorney.