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.

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 A prenup gives both parties a say in how these assets are treated, instead of relying on outdated interpretations.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.

Start the conversation with Neptune today.