Virtual Assets Accumulated During Marriage Are Also Subject to Division

"Even in This Case, the Claim Must Be Made Within Two Years of the Divorce Date"

If you discover hidden investment assets belonging to your ex-husband two years after a divorce, can you still claim a share of those assets? According to legal experts, assets accumulated during the marriage are subject to division, but even in such cases, a two-year statute of limitations applies from the date of divorce.


On April 24, YTN Radio's "Lawyer Consultation with Inseop Cho" featured the story of Ms. A, a woman in her 40s. Two years ago, Ms. A divorced her ex-husband, Mr. B. Her husband, who worked as a developer at an IT startup, would constantly insist that she save money because his income was unstable, and he tried to control every aspect of her spending. Eventually, this led Ms. A to decide on a divorce.


Bitcoin Investment. The Asia Business Daily DB

Bitcoin Investment. The Asia Business Daily DB

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At the time of the divorce, Ms. A only filed for division of her husband's apartment and bank deposits. However, she recently heard shocking news from an acquaintance who had worked at the same company as her ex-husband: during the marriage, her ex-husband had invested in various assets, including cryptocurrencies, and made significant profits. She had been completely unaware of this at the time of the divorce.


Ms. A expressed her frustration, saying, "He always told me to save money because we didn't have enough, while secretly growing his assets behind my back. Was he deliberately hiding these assets from me?" She continued, "It's been two years since the divorce, but I want to know if I can still make an additional claim for asset division and if there is a way to verify any hidden assets or virtual assets."


Attorney Nahee Kim from Shinsegye-ro Law Firm explained, "The right to claim division of assets expires two years after the divorce, making additional claims difficult." However, she added, "If the assets were completely unknown at the time of divorce and were not addressed during the proceedings, it is exceptionally possible to make an additional claim for asset division."


She further clarified, "Even in such cases, the two-year period from the date of divorce still applies. Both stocks and virtual assets formed during the marriage are subject to division. You can apply to the court for a property disclosure order so that both parties submit a list of their assets. Stock holdings can be verified through securities account statements or related website information."



She also noted, "Tracing virtual assets requires additional steps. By reviewing approximately three years of bank transaction records obtained during the litigation process, you may find evidence of deposits or withdrawals to specific exchanges. Based on this, you can request the court to issue a document submission order, which allows you to verify the other party's virtual asset holdings from the relevant exchange."


This content was produced with the assistance of AI translation services.

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