The Rise of Crypto and Digital Asset Clauses in Prenups: What You Should Know
Your digital life is part of your financial life. Couples are finally planning for it.From crypto wallets to monetized Instagram accounts, digital assets have become a significant part of how people earn, invest, and grow wealth. Prenups are starting to reflect that shift.Neptune Insight: In 2024, 22% of prenups created through Neptune included digital asset protection clauses. These covered NFTs, domain names, social media revenue, and crypto holdings.Here’s why these clauses are becoming a key part of modern prenups, and why more couples are turning to Neptune to get them right.
Key takeaways
- Digital assets now represent significant financial value, with 28% of American adults owning cryptocurrency and YouTube paying over $30 billion annually to creators
- You need to clearly define ownership, valuation methods, income rights, access control, and division terms for all digital assets in your prenup
- Digital assets include cryptocurrencies, NFTs, monetized social media accounts, online courses, domain names, and virtual real estate - not just traditional investments
- Top creators can earn $50-75k annually through digital platforms, making these income streams worthy of legal clarity in your agreement
- Digital assets fall into legal grey areas unlike traditional property, so your prenup should specify how new assets created during marriage are treated
What Counts as a Digital Asset?
Digital assets include anything that exists online, holds value, and has defined ownership. Common examples are:
- Cryptocurrencies like Bitcoin or Ethereum
- NFTs and digital art
- Monetized social media accounts or YouTube channels
- Creator income streams from ads, sponsors, or subscriptions
- Online courses or digital intellectual property
- Domain names and e-commerce storefronts
- Digital wallets with account balances (like PayPal or Venmo)
- Virtual real estate or assets in the metaverse
As of 2025, 28% of American adults own cryptocurrency. YouTube pays over $30 billion a year to creators. These are not fringe assets. They are real income streams that deserve legal protection.
Why Digital Asset Clauses Are Gaining Ground
Here’s what’s driving the trend:
High Financial Value
Top creators can earn over $50-75k annually through digital platforms. A domain name bought for a few dollars could sell for thousands. Without clear terms, this value can easily become a source of legal conflict.
Unclear Legal Precedents
Unlike real estate or savings accounts, digital assets often fall into legal grey areas. A prenup gives both parties a say in how these assets are treated, instead of relying on outdated interpretations.
Privacy and Control
Digital clauses can address who keeps passwords, account access, royalties, or creative control. They also help avoid disputes about branding or content ownership.
Future Growth
Digital assets can grow quickly or be created during the marriage. A well-written prenup can specify whether these new assets are considered joint or separate property.
What to Include in a Digital Asset Clause
If you or your partner have digital assets now or plan to create them, your ideal prenup should clearly define:
- Ownership: Who owns which digital assets
- Valuation: How digital assets will be valued at signing and at divorce
- Income: Who retains revenue or royalties
- Access and Control: Who manages the platforms or accounts
- Division: How shared digital assets will be split, if needed
Why It Matters
Whether you’re building content or crypto, a prenup with digital clauses brings clarity. The assets may be new, but the risks aren’t.
Neptune helps you identify what needs to be included and connects you with attorneys who understand the complexities of digital ownership. With flat-fee pricing and supportive legal guidance, you can protect what you’re building without added stress.
Digital clauses are no longer a niche concern. They are a modern essential. If you're planning your future together, make sure your prenup keeps up with your digital life.
Frequently asked questions
What digital assets should be included in a prenup?
Digital assets in a prenup should include cryptocurrencies like Bitcoin or Ethereum, NFTs and digital art, monetized social media accounts or YouTube channels, creator income streams from ads and sponsors, online courses or digital intellectual property, domain names and e-commerce storefronts, digital wallets like PayPal or Venmo, and virtual real estate in the metaverse. As of 2025, 28% of American adults own cryptocurrency, making these assets increasingly important to address.
How much money do digital creators make that would require a prenup?
Top creators can earn over $50-75k annually through digital platforms, and YouTube alone pays over $30 billion a year to creators. Even domain names bought for a few dollars can later sell for thousands. Without clear terms in a prenup, this significant value can easily become a source of legal conflict.
Why are digital asset clauses becoming more common in prenups?
Digital asset clauses are gaining popularity because these assets have high financial value, exist in legal grey areas with unclear precedents, and can grow quickly or be created during marriage. A prenup gives both parties control over how these assets are treated instead of relying on outdated legal interpretations that don't account for modern digital ownership.
What should a digital asset prenup clause cover?
A comprehensive digital asset clause should define ownership of which digital assets belong to whom, establish valuation methods for assets at signing and later, specify who retains revenue or royalties, determine who manages platforms or accounts, and outline how shared digital assets will be divided if needed. This brings clarity to assets that may be new but carry real financial risks.