Clear financial disclosure and good-faith negotiations help with dividing RSUs, cryptocurrency, and real estate in an uncontested divorce. Both parties should use Illinois equitable distribution principles so they can divide these assets fairly without court intervention. Legal guidance helps you avoid mistakes that could later invalidate your marital settlement agreement.
Call Erlich Law Office at 630-538-5331 for assistance in the Oakbrook Terrace area.
How RSUs, Cryptocurrency, and Real Estate Are Treated in Illinois Divorces
In Illinois, the wealth that spouses accumulate during their marriage usually is marital property, even when the asset is in only one spouse’s name. Restricted stock units, cryptocurrency, traditional investments, and real estate accumulated during the marriage likely are marital property, at least in part, and often should undergo equitable division.
In an uncontested divorce, the court should approve your marital settlement agreement as long as the division is equitable, voluntary, and based on full disclosure.
RSUs and Stock-Based Compensation
For RSUs and other stock-based compensation, Illinois courts typically examine grant date, vesting schedule, the purpose of the award (employee retention or a reward for past work, for example), and whether the compensation is tied to future services or prior performance.
If an RSU granted during the marriage rewards past work performed during the marriage, it is frequently marital property. If it rewards future work, the marital portion may be prorated. Couples in an uncontested divorce can:
- Calculate the marital share using formulas such as time-rule
- Use current or projected fair market value
- Agree on a division method, such as percentage division upon vesting
This may prevent future conflict and protect both spouses from a failure to disclose assets claim.
Cryptocurrency and Digital Assets
Cryptocurrency can be tricky to divide. After all, values fluctuate, records can be difficult to trace, and spouses may try to hide holdings in anonymous wallets or exchanges. However, cryptocurrency the spouses acquire during the marriage is generally marital property, and spouses must disclose it like any other financial asset. Financial disclosure in divorce needs to include cryptocurrency transaction histories.
For an uncontested divorce, honesty and transparency are important. Couples often agree to exchange blockchain transaction histories, identify all digital wallets, use a certified valuation date for pricing, and convert crypto to cash before division or transfer cryptocurrency directly to the other spouse if the platform allows it. Working with an Illinois family law attorney experienced in digital asset tracing can be especially helpful for avoiding mistakes.
Real Estate and Property Holdings
Real estate may include the marital home, rental properties, vacation homes, and commercial investments. In November 2025, the average home value in Oakbrook Terrace was $397,708.
Divorcing couples may divide real estate and property holdings by having one spouse retain some properties and the second spouse keeping the remaining properties. Other common options include selling the properties and splitting the proceeds, having one spouse buy out the other’s interests, or continuing joint ownership temporarily, such as until the children finish high school.
The variables include property value, mortgage balance, equity, tax implications, existing liens, and each spouse’s ability to refinance in his or her own name. Real estate has major long-term consequences, so couples often work with a marital settlement agreements lawyer. This helps ensure the agreement is enforceable and accounts for every detail, from who pays property taxes to deadlines for refinancing.
Tips for Equitably Dividing Complex Assets in an Uncontested Divorce
An uncontested divorce should include full and honest financial disclosure of investments, retirement accounts, bank records, RSUs and vesting schedules, crypto wallets, real estate, and debts and liabilities, among other assets. Not disclosing holdings can mean a court reopening the divorce judgment, penalties, and possible criminal consequences for intentional hiding.
Decide Whether to Divide Assets or Offset Them
Spouses in an uncontested divorce can choose between physical division, such as transferring crypto or allocating portions of RSUs, or value offsetting, where one spouse keeps certain assets and the other receives something of comparable value.
For example, one spouse could keep the cryptocurrency in divorce, while the other receives more of the retirement account. Alternatively, one spouse could keep the marital home, with the other keeping stock-based compensation. Offsetting can simplify the settlement and prevent future entanglement.
Use Neutral Experts
Neutral experts provide an unbiased, third-party perspective. This prevents disputes and increases the odds that both spouses trust the information they use to make decisions.
Also, since neutral experts do not represent either spouse, their valuations and reports carry more credibility and are less likely to be challenged later. Neutral professionals can simplify the process by creating one shared set of numbers instead of two competing analyses.
Common kinds of neutral experts include CPAs, forensic accountants, real estate appraisers, crypto tracing specialists, and financial planners. Your lawyer likely works with these types of people already.
Set a Clear Valuation Date for All Assets
A defined valuation date helps avoid disputes about rapid price swings. This typically means choosing one valuation date that applies across all assets, unless the parties specifically carve out exceptions. For assets with fluctuating value, such as cryptocurrency or stocks, couples often use the filing date or settlement date, use that value for division purposes, and specify how to handle future gains or losses.
Make Sure Agreements Are Specific and Anticipate Future Vesting, Fluctuations, or Market Changes
Vague language increases the odds of litigation. For real estate, settlement terms should include whether the property will be sold or refinanced, the deadlines for sale or refinancing, who pays the mortgage and utilities until transfer, what happens if the refinance fails, and how to allocate tax deductions such as mortgage interest.
Similarly, have exact language on whether future gains or losses belong to the spouse who keeps an asset, how to divide RSUs at vesting, which crypto wallets require transfer, and how to exchange and file documents. Your marital settlement agreements lawyer can ensure these terms are as precise as possible.
Plan for Tax Implications
Illinois divorce asset division should be equitable, meaning the spouses need to consider the after-tax value of assets, not just the pretax value. For example, RSUs may trigger income tax when they vest, and crypto transactions may trigger capital gains or losses. Real estate can trigger capital gains taxes, property taxes, and transfer taxes.
Protecting Your Financial Interests During Divorce Asset Division
Mistakes in an uncontested divorce can be costly and threaten your long-term peace of mind. To protect your financial interests, consider a few steps.
- Hire an Illinois family law attorney: An uncontested divorce still has many legal nuances. A lawyer can explain whether assets are marital or nonmarital, review your financial disclosures, draft enforceable settlement terms, and advocate for you to ensure you are not pressured or misled.
- Keep records of all crypto transactions and wallets: Since spouses can hide digital assets, best practices include keeping transaction histories, listing all wallet addresses, saving exchange statements, and documenting crypto transfers. These processes help prevent later disputes about concealed crypto or incorrect valuations.
- Get a professional appraisal for real estate: Property values can vary depending on the market. Use certified appraisers, recent comparable sales, and inspection reports to document the need for repairs.
- Protect your credit: When dividing real estate and debts, make sure both spouses are removed from mortgages they no longer own, close or refinance joint credit cards, and check new titles and deeds to verify they reflect the divorce agreement.
- Put communication in writing: Misunderstandings happen easily. Written agreements and documented conversations reduce conflict and ensure clarity.
- Do not rush: Uncontested divorces often move relatively quickly, but never sacrifice accuracy for speed. Before you sign, review asset lists, check valuations, confirm vesting schedules and property transfer timelines, and review tax implications.
Dividing RSUs, cryptocurrency, and real estate in divorce is tricky. Erlich Law Office can help in the Oakbrook Terrace area. Contact us today.
FAQs About Dividing RSUs, Cryptocurrency, and Real Estate
How are RSUs and stock options divided in an Illinois divorce?
Illinois courts often use a time-rule formula, sometimes called the “coverture fraction,” to determine the marital portion of RSUs and stock options and to divide them at vesting. The fraction typically looks like this: Marital Portion = (Months Married Between Grant and Vesting) ÷ (Total Months Between Grant and Vesting). This fraction determines how much of the award is marital.
Can cryptocurrency be considered marital property in Illinois?
Cryptocurrency acquired during the marriage typically is marital property. Spouses must disclose and divide it like any other investment asset.
What steps should I take to fairly divide real estate during an uncontested divorce?
Get a professional appraisal, decide whether you will sell or refinance the property, and make sure your marital settlement agreement includes detailed transfer and payment terms.
