Cryptocurrency in Divorce: How Digital Assets Work and Where They Hide

Kelly Burris
Kelly Burris
Cordell & Cordell

Kelly Burris is a Senior Litigation Partner in the Austin, Texas office of Cordell & Cordell, where she litigates property division in high-value cases, including multi-million dollar estates, along with complex custody and child custody relocation matters.

Robert Nordlander
Robert Nordlander
Nordlander CPA

Robert Nordlander is a forensic accountant with Nordlander CPA in Colfax, North Carolina, and a former special agent with IRS Criminal Investigation, where he spent more than two decades, served as a designated cryptocurrency subject matter expert, and traced digital assets in complex money laundering and darknet investigations.

Live Video-Broadcast: November 12, 2026

2 hour CLE

Tuition: $195.00
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Program Summary

 

The Most Valuable Marital Asset May Be the One No Bank Statement Shows

Cryptocurrency is no longer a curiosity in divorce practice. Spouses now hold digital assets on custodial exchanges, in self-custody wallets, and in staking positions that generate income after the decree. The new Form 1099-DA reporting regime changes what appears on paper. Extreme price volatility means the valuation date alone can move the result.

Skip crypto questions at intake, and assets go undisclosed. Choose an indefensible valuation date, and volatility rewrites the division. Overlook cost basis and Section 1041 transfer rules, and hidden tax liabilities follow your client. Miss a self-custody wallet, privacy coin, or offshore exchange, and the paper trail simply ends. Fail to preserve devices and seed phrases, and the evidence for sanctions disappears.

Board-certified family law attorney Kelly Burris and forensic accountant Robert Nordlander, a former IRS Criminal Investigation special agent, walk you through the full arc from intake to decree. You leave with an intake checklist, a classification framework, model settlement language for wallet handoffs and tax indemnification, and a discovery triage protocol that moves from the paper trail to on-chain analysis.

Key topics to be discussed:

  • Crypto-Ready Client Intake
    Use a crypto-specific intake checklist to surface digital holdings early, then classify them as marital or separate property and trace commingled and pre-marital coins.
  • Defensible Valuation and Tax
    Select valuation dates that withstand extreme price volatility and account for Form 1099-DA reporting, cost basis, and hidden liabilities in Section 1041 transfers.
  • Settlement Drafting That Executes
    Draft on-chain transfer mechanics, wallet handoff provisions, tax indemnification, and clauses that allocate post-decree staking and rewards income.
  • Reading Records for Red Flags
    Spot crypto activity in tax returns, Form 1099-DA filings, bank statements, and credit card records, and recognize where the paper trail ends between custodial exchanges and self-custody wallets.
  • Targeted Discovery and Preservation
    Match interrogatories, requests for production, and exchange subpoenas to the asset, and preserve devices, seed phrases, private keys, and hardware wallets before they disappear.
  • Tracing, Experts, and Remedies
    Apply a discovery triage protocol from paper trail to on-chain analysis, confront privacy coins, mixers, DeFi, and peer-to-peer transfers, decide when to retain a forensic expert, and build the record for sanctions and post-decree remedies.

This course is co-sponsored with myLawCLE.

Date / Time: November 12, 2026

  • 12:00 pm – 2:10 pm Eastern
  • 11:00 am – 1:10 pm Central
  • 10:00 am – 12:10 pm Mountain
  • 9:00 am – 11:10 am Pacific

Closed-captioning available

Speakers

Kelly Burris, Senior Litigation Partner | Cordell & Cordell

Kelly Burris is a Senior Litigation Partner in the Austin, Texas office of Cordell & Cordell, where she litigates property division in high-value cases, including multi-million dollar estates, along with complex custody and child custody relocation matters. She has written about cryptocurrency and divorce for Divorce Magazine and Family Lawyer Magazine, and The New York Times has quoted her on the complications cryptocurrency is creating in divorce cases. She is Board Certified in Family Law by the Texas Board of Legal Specialization.

  • Education & Credentials

Ms. Burris earned her Bachelor of Arts at the University of Texas and her Juris Doctor at Texas Tech School of Law, where she was an Articles Editor of the Law Review. She is one of 743 attorneys Board Certified in Family Law by the Texas Board of Legal Specialization and is licensed to practice in Texas and Oklahoma.

  • Recognition & Leadership

Super Lawyers recognized her as a Texas Rising Star in family law from 2004 to 2006 and from 2008 to 2014, and named her a Super Lawyer from 2017 to 2019. D Magazine included her among the “Best Lawyers in Dallas under 40” in 2006, and the Texas Young Lawyers Association presented her with its President’s Award of Merit in 2010. She served on the board of directors of the Texas Young Lawyers Association in 2002–2003 and 2007–2011, and on the board of the Dallas Young Lawyers Association from 2005 to 2011.

  • Professional Involvement

Ms. Burris has discussed family law and cryptocurrency on the LawHer Podcast and has appeared on KTBC Fox 7, KVUE News, NBC, and radio programs to address family law issues. She has presented CLE programs including “Cross-Examination Opportunities and Strategies in Family Law” at the 2015 Cordell & Cordell CLE seminar and “Litigating a Family Law Case on a Budget” in 2014. She is a member of the Texas Academy of Family Law Specialists and the Texas Bar Foundation (both since 2008), the Dallas Association of Young Lawyers Foundation (since 2004), the College of the State Bar of Texas, and the Texas State Bar Association.

  • Experience

Her practice centers on dividing property in high-value divorces, including multi-million dollar estates, and her published work addresses how cryptocurrency complicates that process. She also handles complex custody disputes and child custody relocation cases, and has written a guest article for Texas Lawyer on medical record privacy.

 

Robert Nordlander, CPA, CFE, EA, Forensic Accountant | Nordlander CPA

Robert Nordlander is a forensic accountant with Nordlander CPA in Colfax, North Carolina, and a former special agent with IRS Criminal Investigation, where he spent more than two decades, served as a designated cryptocurrency subject matter expert, and traced digital assets in complex money laundering and darknet investigations. His firm examines divorce assets, uncovers hidden assets, and provides forensic accounting, financial investigation, and litigation support, including expert witness testimony.

  • Education & Credentials

Mr. Nordlander is a Certified Public Accountant licensed in North Carolina, a Certified Fraud Examiner, and an Enrolled Agent. His federal law enforcement training includes the Criminal Investigator Training Program (CITP) and Special Agent Investigative Training (SAIT).

  • Recognition & Leadership

He is the author of three Amazon bestselling books on tax and fraud topics, including “Unpaid Payroll Taxes: A Time Bomb You Can Defuse” and “Erase the Penalty: A Tax Professional’s Guide to Abatement.” He has been featured on The Dr. Phil Show and in The New York Times.

  • Professional Involvement

Mr. Nordlander hosts the “Fraud Fighter” podcast, which reaches listeners in more than 3,600 cities across 130 countries, and speaks on forensic accounting at national conferences. He has presented for the Eastern Bankruptcy Institute, The Tax Mob, NATP, Woodard, AICPA, and ASTPS.

  • Experience

As an IRS-CI special agent, he investigated money laundering, structuring, wire fraud, mail fraud, bank fraud, embezzlement, bankruptcy fraud, drug trafficking, gambling, and income, employment, and excise tax violations, and seized millions of dollars in ill-gotten gains. He has interviewed more than 1,000 witnesses and draws on extensive court preparation experience in the detailed reports he prepares for litigation. His current practice also covers internal fraud and embezzlement investigations, criminal defense support, bankruptcy matters, and IRS tax resolution and audit representation.

Agenda

SESSION 1 – Crypto on the Table: Classifying, Valuing, and Dividing Digital Assets from Intake to Decree | Kelly Burris | 12:00pm – 1:00pm

This session guides family law attorneys through the full advisory arc for divorce clients who own cryptocurrency, from the first intake interview through an enforceable settlement agreement. Drawing on her experience litigating high-value property cases and writing on crypto divorce, board-certified family law attorney Kelly Burris explains which questions to ask at intake, how to classify and trace digital assets as marital or separate property, and how to select defensible valuation dates amid extreme price volatility. Attendees will examine the new Form 1099-DA reporting regime, cost-basis issues, and Section 1041 transfer rules, then turn to drafting settlement provisions covering on-chain transfer mechanics, wallet handoffs, tax indemnification, and post-decree staking income. Attorneys leave with an intake checklist, a classification framework, and model settlement language they can use immediately.

BREAK | 1:00pm – 1:10pm

SESSION 2 – Following the Money On-Chain: Finding Hidden Crypto in Financial Records and Divorce Discovery | Robert Nordlander | 1:10pm – 2:10pm

This session equips family law practitioners with a systematic, investigator’s approach to identifying, locating, and preserving cryptocurrency that a spouse may be concealing through self-custody wallets, peer-to-peer transfers, privacy coins, or offshore exchanges. Drawing on more than two decades as an IRS Criminal Investigation special agent—where he served as a designated cryptocurrency subject matter expert and traced digital assets in complex money laundering and darknet investigations—forensic accountant Robert Nordlander shows attendees how to read tax returns, Form 1099-DA filings, bank statements, and credit card records for crypto red flags, and how to match discovery tools to the asset: targeted requests and exchange subpoenas for custodial accounts, and device preservation for private wallets and seed phrases. He explains what blockchain tracing tools can and cannot reveal, when to escalate to a forensic expert, and how to build the evidentiary record that supports sanctions and post-decree remedies when digital holdings are hidden. Attorneys leave with a practical discovery triage protocol that moves from the paper trail to on-chain analysis.

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Pending CLE Approval
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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