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What should I do to protect digital assets in a divorce?

When you are going to get married, you probably think a lot about how to make sure that everything goes smoothly. One issue that you might not have thought about is how you can keep your digital assets safe.

You might decide that you want a prenuptial agreement before you get married. This can work in your favor if you are dealing with digital assets because you can include those assets in the prenuptial agreement so they are protected if the marriage ends.

What is a digital asset?

Digital assets are essentially anything you keep in a digital format. This can include pictures, music files and similar assets. Even your social media accounts and email accounts are considered digital assets.

How should I handle digital assets?

First, be sure that you and your soon-to-be spouse keep your accounts separate. This can ensure that your items are yours. Second, include information about each type of digital asset in the prenuptial agreement. Third, make agreements about how you will handle new digital assets, such as pictures that you take during the marriage and include that information in the prenuptial agreement.

What if I don’t have a prenuptial agreement?

You can still take steps to ensure that you can keep your digital assets. If you are still happily married, write up a postnuptial agreement. If you are going through a divorce, include digital assets in the property division settlement.

Thinking carefully about everything you own is crucial when you are writing up a prenuptial agreement, creating a postnuptial agreement or handling property division in a divorce. Ensuring you have all of your assets, including the digital varieties, covered can help you in the long run.

Source: FindLaw, “3 Legal Tips on How to Handle Digital Assets in a Prenuptial Agreement,” George Khoury, Esq., accessed April 20, 2017

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