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How a Prenup Can Protect Your Cryptocurrency Wallet and NFTs

bitcoin being held between two fingers

With their intangible nature, cryptocurrency and NFTs are breakthroughs in the world of valuable assets. Due to their potential for an exponential increase of value, you may wish to protect your cryptocurrency wallet and NFT purchases before your marriage. Our Berkman Bottger Newman & Schein prenuptial agreements attorneys explain how couples preparing for marriage can protect their valuable assets.


Just like your homes, retirement accounts, and other assets, you can include your intangible assets such as your NFTs or crypto wallet in your prenuptial agreement. Even though NFTs and crypto aren’t typical assets, our attorneys at Berkman Bottger Newman & Schein serve clients with highly unique interests and are prepared for the protection of your most valuable assets.

Outright Protection

Including your crypto and NFTs in your prenuptial agreement outright protects those assets during your marriage and any potential divorce by creating a set outcome if the marriage is terminated. Just like the ownership of your home or retirement accounts, the inclusion of these new assets in a valid prenuptial agreement will ensure their protection in the event of a divorce.

Separate Property

In your prenuptial agreement, you can determine ownership of your intangible assets in the case of a divorce, regardless of the owner prior to the marriage. If your future spouse is apathetic to your digital investments but you feel they may gain interest in the assets following a substantial increase of value, you may wish to protect your assets and specify your sole ownership of the assets in your prenuptial agreement.


If you wish to protect new assets acquired since your marriage, such as new crypto purchases or NFTs, you can create a postnuptial agreement with a trusted attorney. Within your postnuptial agreement, you and your spouse can update the division of assets and protect assets such as crypto or new NFTs in the case of divorce or death of one partner.


As a high-asset individual, you may seek protection for your assets and your family when you marry. Our Berkman Bottger Newman & Schein attorneys are experienced at guiding clients through the prenuptial and postnuptial agreement creation process and protecting their assets. Whether that be your crypto wallet, favorite NFT, or vacation home, our prenuptial agreement attorneys can help you protect what matters most to you.

Call us today at (212) 466-6015 or contact us online to schedule a consultation with our team to learn more about the Berkman Bottger Newman & Schein approach.