At GJC Law, we are seeing a growing number of clients seeking advice on how Bitcoin and other cryptocurrencies are treated in divorce proceedings.
A common concern is whether assets acquired independently, often through personal investment accounts, can still be claimed by a spouse upon divorce, as cryptocurrency becomes more prevalent, it is important to understand how the Singapore Courts approach such assets, and why the assumption of sole ownership does not always hold in the context of matrimonial division.
If I Invested in Bitcoin on My Own, Can My Spouse Claim It in Divorce?
Cryptocurrency is increasingly common in modern marriages, and in divorce proceedings.
A question we are often asked is:
“If I bought Bitcoin on my own, using my own money, can my spouse still claim it?”
The short answer: in most cases, yes. But the legal position is more nuanced.
The Starting Point: Bitcoin Is a Matrimonial Asset
Under Singapore law, the Court has wide powers to divide all assets acquired during the marriage.
This generally includes:
- Bitcoin and other cryptocurrencies
- Investments held in one party’s sole name
- Assets acquired without the other spouse’s direct involvement
If your Bitcoin was:
- acquired during the marriage, and
- not a gift or inheritance,
then the default position is that it forms part of the matrimonial pool.
The Courts treat cryptocurrency no differently from traditional assets like shares or bank accounts.
How the Courts Treat Cryptocurrency
The Singapore Courts have made clear that cryptocurrency:
- is a recognised form of property, and
- will be included in the matrimonial pool unless proven otherwise
In UTL v UTM [2019] SGHCF 10, the Court included the full value of Bitcoin holdings where the party:
- acknowledged owning the Bitcoin, but
- failed to substantiate claims that part of it belonged to others.
This illustrates that where one party makes the claim that not all of the bitcoin is owned solely by them, if there is insufficient evidence, the Court may simply include the entire value in the pool.
Read more: Understanding the Law on Matrimonial Assets
When Can Bitcoin Be Excluded Entirely?
Exclusion is possible, but only in exceptional situations.
Complete Dissociation by the Other Spouse
In Ong Boon Huat Samuel v Chan Mei Lan Kristine [2007] SGCA 19, an asset was excluded because one spouse:
- expressly stated it was for the other party’s sole benefit, and
- accepted no responsibility or interest in it
This is a very high threshold.
Strict Separation of Finances Throughout the Marriage
In XQF v XQG [2025] SGFC 83, the husband’s cryptocurrency investments were not divided, and each party retained assets held in their sole names. However, this was due to a very specific set of facts:
- The parties maintained completely separate finances
- There was no commingling of investments
- The investment was made solely by the husband using his own income
- The other spouse had no involvement in and no knowledge of the cryptocurrency investments. She did not contribute to them, nor did she participate in any of the husband’s investment decisions.
- There was a clear mutual understanding between the parties that that each would manage and retain their own investments independently.
In those circumstances, the Court found it would be unfair to treat the asset as part of a shared matrimonial enterprise.
Why Most Cases Do Not Meet This Threshold
In reality, many marriages involve:
- shared expenses or financial interdependence
- at least some awareness of each other’s investments
If your spouse:
- knew about your Bitcoin, or
- the marriage involved some degree of financial pooling,
it would be difficult to argue for complete exclusion of the Bitcoin from the matrimonial pool.
Key Takeaways
In sum:
- Bitcoin is generally treated as a matrimonial asset if acquired during the marriage.
- The fact that the Bitcoin was invested in solely by one party does not, in itself, automatically exclude it from the matrimonial pool.
- Exclusion requires:
- complete dissociation; and/or
- strict financial separation throughout the marriage.
We can assist you to:
- Assess whether your assets may be included in the matrimonial pool
- Develop a strategy to argue for exclusion, or a greater share of assets, where appropriate
- Strengthen your position on division, including evidential preparation
- Navigate disclosure obligations while protecting your legal interests
- Represent you in negotiations, mediation, and Court proceedings
Cryptocurrency cases are highly fact-sensitive. Early advice can make a material difference to the outcome.
We’re here for you
Should you have any questions or would like more information on the Division of Matrimonial Assets, please contact Gloria James-Civetta & Co to speak to one of our lawyers.
