Understanding Digital Assets during Divorce

 Posted on February 13, 2015 in Divorce

Divorces can quickly turn into stressful battles. Ending a marriage is an emotional hurdle, and spouses may have to adjust to new social circles. Additionally, some couples must deal with the complications of property division, child custody, alimony, and other areas of divorce law.

Although no divorce is easy, understanding how the laws relate to your case can make the process more simple. For many divorcing spouses, hiring an attorney to review a case and offer advice is helpful. A family law attorney can address your concerns and answer the tough questions such as those concerning digital property division.

How is Digital Property Different from Physical Property?

Since the late 1990s, digital property has generated controversy among divorcing couples. File-sharing sites stirred commotion over what constitutes "owning" a digital file. This led to new property laws to address concerns involving digital ownership.

Digital property is an intangible entity. Examples include songs that an owner downloads from e-commerce venders. Mainstreet.com points out that while a couple cannot split a house in half during a divorce, they can easily duplicate an entire library of digital files. However, there are certain laws governing this process and a lawyer can explain them.

Like any other piece of property during a divorce, digital assets will likely fall under either "separate property" or "marital property." If a purchase took place prior to a marriage, the asset belongs to whichever spouse bought it. After a marriage, however, the digital goods will be the property of both spouses.

Property Division and Divorce in Austin, Texas

If you are involved in a divorce and would like to speak with an experienced Austin family law lawyer, contact Powers and Kerr, PLLC today. We can assess your case, explain your rights, and help you avoid making mistakes that could compromise your interests. Call us at 512-610-6199 to schedule a consultation.