This depends on whether a prenuptial agreement has been concluded. If this is not the case,
an equalization of gains may have to be paid.
There exists no legal precedent currently in Kenya regarding NFTs during a divorce process.
It depends on the property regime chosen by the couple before or after marriage. In Brazil, there are four types of regimes described in articles 1.639 to 1.688 of the Civil Code. At first, it will not be treated differently from any other asset the couple has.
Marital property (unless otherwise stipulated).
Where the NFT is a subject of a property, it will be possible to qualify and
calculate the same under the principles of family law. Accordingly, the properties
(including NFT) and the earning capacity of the partners will be calculated. The
party that earns more will have to provide upkeep for the other, especially the
person responsible for taking care of the children or who will be most affected in
the continuation of a career. Where there are no children in the marriage and
both parties are strong and capable of working, more often than not, the
requirement for providing upkeep will be waived, although damages may be
Under tax law, NFTs are treated as property rights. Therefore, they can be treated as assets with a measurable value. The detailed interpretation of the essence of a particular NFT token will depend on its functionality. In conclusion, NFT tokens can be the subject of asset division proceedings.