There are numerous assets to divide in a divorce, such as the house and various antiques the couple may have purchased together. However, many people these days have valuable assets located digitally. Photos stored on a computer may have high sentimental value, and the law needs to catch up to ensure these assets are safe during divorce proceedings.
One recent court case in Maryland saw precisely this where a husband agreed to return all of the wife’s computer files. However, he did not return everything, and the wife had to take him back to court to get what was hers. You need to be proactive regarding all of your digital assets, including social media profiles, music files and pictures, so you can retain them after a divorce.
Include information related to digital assets in the prenup
More modern couples will have a greater amount of digital assets, so it may work to their advantage to include pertinent language in the prenuptial agreement. This helps separate both of your online accounts, so what is yours is yours. A prenup can also include language related to how to handle new digital assets that will come up over the course of the marriage. For instance, you may take pictures together that both of you want to keep. You can come to an agreement that, in the event of divorce, both parties will receive copies of everything.
Keep copies of all digital assets
In the Maryland divorce case mentioned above, the husband claimed he deleted all of the wife’s digital assets in a fit of anger. While recovery was possible, deletion is a genuine possibility where there is no path to retain the files. It is for this reason throughout the marriage to keep copies of everything. You should save pictures, music and more on USB drives or save files onto your smartphone so you can get them if the marriage comes to an end.
