Can a spouse modify a divorce agreement because crypto doubled after signing?
Scenario: We agree my wife keeps $100,000 in cash; I keep $100,000 in cryptocurrency. After we sign and submit, the crypto doubles to $200,000. She now wants to modify, but I refuse. What happens?
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Generally, property is valued as of a specific date, often signing/separation (26 U.S.C. § 1041). If the agreement doesn’t adjust for later market swings, post-signing appreciation typically stays with the owning spouse . Your wife could move to modify, but absent fraud, concealment, or an adjustment clause for fluctuations, courts are reluctant to reopen just because the asset went up. Volatility is a risk each party assumes.
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Can a divorce application be modified after it is submitted if one of the spouses does not agree to modify it?
Lexi, Chatbot
I understand that modifying a divorce application can be a complex situation. Have you already submitted the divorce application?
No.
Lexi, Chatbot
Are there specific reasons why one spouse does not agree to modify the application?
Yes. Because it does not benefit the disagreeing spouse.
Lexi, Chatbot
Is there anything else the family lawyer should know before I connect you?
No.
Angelo M
Thanks for reaching out. Once a divorce application/agreement is filed, changes usually require both spouses’ consent or a court order. If one spouse objects, the other can file a motion asking the court to modify, but they must show good cause (e.g., mistake, unfairness, fraud). Courts don’t automatically approve changes and will weigh fairness and any children’s interests. If it hasn’t been filed yet, it’s easier to renegotiate first.
Scenario: We agree my wife keeps $100,000 in cash; I keep $100,000 in cryptocurrency. After we sign and submit, the crypto doubles to $200,000. She now wants to modify, but I refuse. What happens?
Angelo M
Generally, property is valued as of a specific date, often signing/separation (26 U.S.C. § 1041). If the agreement doesn’t adjust for later market swings, post-signing appreciation typically stays with the owning spouse . Your wife could move to modify, but absent fraud, concealment, or an adjustment clause for fluctuations, courts are reluctant to reopen just because the asset went up. Volatility is a risk each party assumes.
Angelo M
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