Crypto is treated like any other asset in a divorce: it is either shared property to be divided or the personal property of one spouse, depending on the applicable matrimonial regime and on when and with what money it was acquired. The practical difficulty is finding it and proving its history. A blockchain analysis can identify wallets linked to known transfers, value holdings at the relevant date, show whether coins were moved shortly before the separation, and distinguish crypto bought before the marriage from crypto bought with shared funds.
Starting points for tracing
Tracing almost always starts from something known: a bank transfer to an exchange, an exchange account statement, a wallet address in an email, a hardware wallet found at home, or a tax return listing crypto. From these points an analyst follows the funds on-chain to further addresses, exchanges and services.
- Transfers from joint accounts to crypto exchanges.
- Exchange statements or emails from exchanges.
- Wallet addresses declared in tax returns or in previous filings.
- Large outgoing transfers around the time of separation.
The legal framework in general
The rules depend on the matrimonial regime. Under community property systems, assets bought during the marriage generally belong to both spouses; under participation or deferred community systems, gains made during the marriage are shared when the regime ends; under separation of property each spouse keeps what is in their name, subject to the court's powers; and many common law courts divide assets according to fairness rather than fixed shares. For example, Switzerland's default regime is participation in acquired property, while Italy's is community property.
What most systems share is a duty of financial disclosure between spouses and the court's power to order it. Crypto held on an exchange can then be reached through a court order to the exchange; crypto in self-custody depends on what the other spouse discloses and on the evidence you can bring.
What the analysis can and cannot show
On-chain analysis shows movements of funds between addresses and, through attribution data, which addresses belong to exchanges or services. It can show that coins moved from a known wallet to an exchange, where a court order can then obtain the account holder's identity and balances. It cannot by itself prove who controls an unhosted wallet; that link must come from other evidence, such as documents, devices or statements.
Valuation is a separate question. Crypto prices can move sharply between the date of separation, the date the matrimonial regime is dissolved and the date of the judgment, so the report should state the reference date used and, where useful, show values at several dates so that the lawyers and the court can apply the relevant rule.
How Advisorn helps
Advisorn Forensics traces and values crypto assets for family law proceedings, working with the spouse's lawyer, and issues signed reports suitable for filing in court in different jurisdictions. It can also review an analysis submitted by the other spouse.
Examples: Art. 170 and Art. 196 ff. Swiss Civil Code (duty to inform, participation in acquired property); Art. 177 Italian Civil Code (community property)
Updated November 2026 · General information, not legal or tax advice on your specific case.