Importance of Addressing Digital Assets In Prenuptial Agreements – Law and Legal Articles – San Diego

September 2nd, 2017

Many people share their digital assets, but you obviously have the right to keep them separate as well.  We recommend you plan ahead and notate in a prenuptial agreement how you want your digital assets treated in the event of a divorce.  Photos, videos, emails, and computer files are all considered digital assets.

Defining Digital Assets

Technology continues to evolve, so it can be hard defining what a digital asset it.  Often there are digital assets that don’t have sentimental or monetary value.  Others assets have a monetary value like electronic accounts, stored media and intellectual property.

Restricting Accounts

Maintaining individual ownership with a username and password is a way you can protect some digital assets. You can set up your account so that it can’t be divided and all assets must remain in one account.

Prenuptial Agreement

Use a prenuptial agreement to define our your digital assets will be treated during your marriage and after it.  Along with existing accounts, define how future assets will be handled.  Things like bank accounts, real estate, and other assets of value to you.

The prenuptial can state which assets are to be split in case of a divorce or death.  How you maintain your assets during your marriage can be document in the agreement as well. An example of this is where one person has full control over an account and the other person simply has access to it.  The digital responsibilities can be clearly defined!

There are many areas where digital assets are important. Estate Planning, Inventory Assets and more.  If you have any questions regarding prenuptial agreements and/or digital assets, do not hesitate to schedule a free consultation with one of our experienced San Diego family law attorneys. Call us at 619-232-9260.

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