The Digital Divorce: Who Gets the Crypto, the Airpoints, and the Data?

When the Property (Relationships) Act was drafted in 1976, “digital assets” weren’t even science fiction. Fast forward to 2026 and for many New Zealanders, their digital footprint is where the real value, and the real conflict, lies.

At Lane Neave, we are increasingly seeing separations where the family home is the easy part. The battleground has shifted to Bitcoin wallets, high-value Airpoints balances, and even monetized social media accounts.

Is Cryptocurrency “Relationship Property”?

The short answer: Yes. In New Zealand, the High Court (notably in Ruscoe v Cryptopia) has confirmed that cryptocurrency is “property.” If you acquired Bitcoin, Ethereum, or any alt-coins during your relationship, they are generally subject to the 50/50 split rule.

The Strategy:

• Valuation is a moving target: Unlike a house, crypto value can swing 20% in an hour. We recommend agreeing on a specific “valuation date” or transferring the actual coins (in specie) rather than a cash equivalent to manage volatility.
• The “cold wallet” problem: Hiding crypto is a common tactic, but blockchain is a permanent ledger. We work with forensic experts to track “off-exchange” transfers that many think are invisible.

Airpoints and loyalty schemes: the hidden $10,000

It sounds petty until you realise some couples have hundreds of thousands of Airpoints Dollars.

• The law: While most terms and conditions (like Air New Zealand’s) say points are “non-transferable,” they still have a clear monetary value ($1 Airpoint = $1 NZD).
• The solution: You can’t usually split the points in the app, but we can “offset” them. If one partner keeps the $5,000 in Airpoints, the other partner gets an extra $5,000 from the joint savings account.

Monetised content & digital brands

If you or your partner spent the relationship building a YouTube channel, a Substack, or a “side hustle” Instagram brand, you’ve built an asset.

• Future income vs. current value: The law looks at the current value of that digital business. If it generates $5,000 a month in passive ad revenue, that “digital goodwill” is a slice of the pie that needs to be valued and divided.

Digital photos and memories

Not all assets have a dollar sign, but they have immense emotional leverage.

• The “data ransom”: We’ve seen cases where one partner changes the password to the family Google Photos or iCloud account, effectively holding a decade of memories hostage.
• Pro tip: Early in a separation, ensure you have a “Digital Discovery” plan. Jointly owned data should be backed up to a neutral hard drive before passwords start changing.

Lane Neave bottom line:  Don’t let your digital wealth disappear into a private key or a deleted account. Whether it’s $100k in Solana or 10,000 Airpoints, these are your legal entitlements.