The most difficult assets to divide property in a divorce are named

The modern economy and the development of digital technologies lead to the emergence of new types of property that can be divided between spouses in the event of a divorce. In addition to traditional assets such as real estate, cars, and cash, cryptocurrencies, options, and business shares are increasingly appearing in court practice. Lawyers told RBC about the specifics of the division of such assets on March 4, analyzing current judicial practice.

Options are considered to be one of the most difficult categories in the division of property. Russian legislation distinguishes between an "option to conclude a contract" and an "option agreement", which are different legal constructions. In the first case, we are talking about the right to conclude a basic agreement on pre-agreed terms, whereas an option agreement already presupposes an agreement under which one party has the right to require the other to perform certain actions, such as transferring property or paying money.

The complexity of the options section in a divorce is due to the fact that it is not about a specific asset, but about the right to receive it in the future. Judicial practice in such cases remains limited so far. Courts often prefer to consider existing properties rather than potential rights to acquire them. In some cases, the parties manage to resolve the dispute by concluding an agreement on the division of property or a settlement agreement.

The case of the Savelovsky District Court of Moscow is indicative, where the plaintiff demanded to divide the right to purchase a house and a land plot in Spain by option. The court refused to satisfy the claims because it was not proven that the object was actually acquired and belongs to the defendant.

Another difficult category for the section is cryptocurrency. Russian legislation recognizes digital assets as property, which allows them to be included in the joint property of spouses. However, in practice, the main problem becomes proving ownership of such assets and determining their value at the time of division.

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Cryptocurrency is stored on electronic wallets, which are accessed through private keys, logins, and passwords. If one of the spouses hides this data or assets have been transferred to other accounts, it can be extremely difficult to prove their existence. In such situations, the court may refuse to divide the property due to lack of evidence.

There are already examples of such decisions in judicial practice. So, the Krasnodar Regional Court refused to divide cryptocurrencies, since the plaintiff could not prove the existence of digital assets and their belonging to his spouse.

An equally difficult category is the division of the share in the authorized capital of the company. If a share is acquired in marriage, it is usually recognized as the joint property of the spouses. However, the division must take into account corporate procedures and the interests of other members of the company.

The courts also pay attention to attempts by business participants to change the company's articles of association after the divorce in order to prevent the former spouse from managing the company. In one of the decisions, the Supreme Court indicated that such actions can be considered an abuse of law if they are aimed solely at obstructing the execution of a court decision.

However, in some cases, the former spouse may not expect to participate in the management of the company, but only to receive monetary compensation. For example, if the company's charter prohibits the entry of the spouses of the participants into the founders, the court may order them to pay the actual value of the share.

Experts note that in the digital economy, the number of such disputes will grow. The division of cryptocurrencies, options, and business shares requires a more complex legal assessment and often involves conducting examinations to determine the value of assets and confirm ownership.

Inna Mirnaya, a psychologist and founder of the Institute of Family Psychology, which unites specialists working with families across the country, told Izvestia on February 19 that in recent years, divorce among Russian couples has often become a conscious choice rather than a personal tragedy. According to her, in 2025-2026, the nature of breakups themselves is changing: they are less often associated with acute conflicts and more often with a gradual loss of emotional intimacy.

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