Understanding Intangible Assets and Their Role in Your Divorce

Key Takeaways:

• Intangible assets include trademarks, copyrights, patents, digital property, and goodwill.
• Florida law considers many intangible assets marital property.
• Proper valuation and classification are critical during property division.
• A Florida divorce attorney can help uncover, value, and divide intangible assets.

When most people think of divorce, they picture splitting houses, cars, and bank accounts. But what happens when a couple’s most valuable assets can’t be touched or seen?

The digital age and intellectual property boom mean that intangible assets often carry enormous value. From software code to brand reputation, online income streams to copyrights, these assets are no longer rare in divorce cases.

For many high-net-worth couples or entrepreneurs, the question isn’t whether they own intangible property—how to divide it. Understanding how intangible assets factor into your case can make a big difference in the outcome if you’re considering divorce or are already in the process.

Our experienced divorce lawyer in Florida can help you understand your situation and answer any questions.

What Are Intangible Assets in Divorce?

Intangible assets are non-physical property that still holds significant value. Common examples include trademarks and copyrights, patents and trade secrets, business goodwill, digital assets (cryptocurrency, domain names, online businesses), licensing agreements or royalties, and customer lists or software code developed during the marriage.

While these assets don’t take up space in your home, they can generate ongoing revenue or represent significant investment and effort.

Are Intangible Assets Marital Property in Florida?

Under Florida Statutes § 61.075, assets acquired during the marriage—regardless of whether they are tangible or intangible—are generally considered marital property and subject to equitable distribution. This includes intangible assets like intellectual property or a business’s reputation, even if only one spouse’s name is attached.

The court determines whether the asset was acquired or created during the marriage. For example, if a spouse launched a blog that later became a monetized business, it would likely be deemed a marital asset—even if the other spouse wasn’t directly involved.

How Are Intangible Assets Valued in Divorce?

Valuing intangible property can be complex. Unlike a car or a house, you can’t simply check the market.

There are a few commonly used valuation methods: income-based valuation (estimating the future income the asset will produce, such as royalties or ad revenue), market-based valuation (comparing similar assets that have recently been sold), and cost-based valuation (considering how much it would cost to recreate the asset).

Appraisers, forensic accountants, and valuation experts are often brought in to ensure accuracy. A divorce lawyer in Florida can help coordinate these professionals and interpret the results.

Common Conflicts Over Intangible Assets

Disputes over intangible assets usually stem from their elusive value or unclear origin. Some common areas of contention include one spouse claiming the asset is separate property because it was started before marriage, disagreements over the current or future value of the asset, hidden or undeclared digital income streams (such as affiliate marketing or NFTs), and control over the asset post-divorce—like who retains rights to a jointly-owned brand.

Because these assets can impact immediate financial settlements and long-term earning potential, it is critical to work with a Florida divorce attorney who understands how to identify and litigate these issues.

FAQ: Intangible Assets and Divorce in Florida

Can a business name or trademark be considered marital property?

Yes. If the business or its trademark was established during the marriage, it’s likely considered marital property—even if only one spouse’s name is on the paperwork. The court will look at the creation date, contributions by both spouses, and any revenue associated with the asset.

Are royalties from a book or song written during the marriage split in divorce?

Yes. Royalties earned during the marriage are subject to equitable distribution. Even future royalties may be considered marital property, mainly if the intellectual property was created during the marriage.

Can cryptocurrency be hidden in divorce proceedings?

It can be hidden, but it shouldn’t be. Florida courts require full financial disclosure under Rule 12.285 of the Florida Family Law Rules of Procedure. An attorney can work with forensic accountants to uncover hidden crypto wallets.

How do courts handle intangible assets with future value?

Courts often use income-based valuation to estimate future earnings and assign a present-day value. In some cases, future income may be monitored post-divorce, especially if the value is uncertain or fluctuates over time.

Do I need an attorney to deal with intangible assets in my divorce?

Yes. These assets are often complex, and a divorce lawyer in Florida can help ensure everything is disclosed, valued accurately, and fairly divided. Without legal help, it’s easy to overlook or undervalue key assets.

Protecting Yourself in a Florida Divorce

In an era where digital presence, intellectual property, and online income play significant roles in personal wealth, intangible assets are no longer rare outliers—they’re often central to a couple’s financial picture.

Whether you’re navigating a divorce involving a tech startup, a popular YouTube channel, or even a trademarked business name, these assets require careful legal and financial scrutiny.

We take a strategic and detailed approach to property division at Griffin Family Law. Our team works closely with financial experts to ensure that no tangible or intangible asset is overlooked or misvalued. Contact a trusted Florida divorce attorney today if you’re facing a divorce and want to ensure a fair, informed outcome.