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Good evening and thank you for your question. I'm a solicitor specialising in divorce, separation and financial matters. I've recently dealt with cryptocurrency assets so I'd be happy to provide some guidance. First and foremost, cryptocurrencies acquired during the marriage are marital assets. Anything acquired following separation is a post-separation asset and might not be included in the matrimonial pot.
Hello again and thanks for the additional information. Don't worry, I'm not offering a call at this time of night. It's an automatically generated pop up through the site that makes it look like it's the expert who's offered it. For the record, I tend to only offer calls in the early evening or occasionally at weekends. Anyway, to answer your questions...
You have been separated since 2019 so, technically, anything acquired after that date is a post-separation asset. Bear in mind that the starting point for any financial division is a 50:50 split of the matrimonial assets (known as the 'yardstick of equality'), that percentage can be adjusted due to numerous factors and is, ultimately, tested for needs (of both parties) and fairness. There are circumstances when assets have acquired value post-separation and a spouse could claim half of that increase in value, the most obvious being the house.
To get the value of the crypto assets, you may need to appoint both an IT professional and/or a forensic accountant. I'm afraid there's no easy answer and it's entirely possible for some transactions to be hidden if the owner is very sneaky. If you have any proof that your ex has crypto currencies but she is refusing to reveal their true value, you can invite the court to draw adverse inferences and make calculated assumptions about their value. That said, the transaction between bank and crypto wallet should show up on bank statements so that's often a start. Bear in mind that all Bitcoin transactions are public, traceable and permanently stored in the Bitcoin network.
If she gave away money and it was traceable, you could potentially claim that she had disposed of matrimonial assets and ask for an 'add-back' from other assets.