Digital Deception in Divorce: How Attorneys and Clients Must Adapt to Evolving Asset Hiding Tactics
NEW YORK CITY, NY, UNITED STATES, July 16, 2026 /EINPresswire.com/ -- Dina S. Kaplan, Partner at Berkman Bottger Newman & Schein, Addresses Modern Marital Asset Concealment
According to the National Endowment of Financial Education, almost 40 percent of spouses have committed financial deception during marriage. Roughly 25 million U.S. adults held cryptocurrency as of 2024, according to IRS data. In 2025, courts documented cases of AI generated deepfakes submitted as evidence in custody disputes.
Dina S. Kaplan, a partner at Berkman Bottger Newman & Schein with over 25 years of family law experience, addresses what these figures mean for divorce litigation. "We're only as good as what we can detect," Kaplan said.
Failure to disclose remains the most common method of concealment. "Because we live in a highly electronic age, it's hard to hide a lot," Kaplan said. "Attorneys sometimes miss things because they don't take the time to review bank, brokerage, and credit card statements carefully. Once you do, you can identify unusual transfers and accounts that haven't been disclosed."
Cryptocurrency presents a growing challenge. According to data from Gallup and Pew Research, 14 to 17 percent of U.S. adults have owned cryptocurrency. According to a Reuters analysis from August 2024, blockchain analysis tools have recovered over 1.2 billion dollars in hidden assets in legal disputes over the past two years alone. Starting in 2025, new Internal Revenue Service rules require cryptocurrency brokers to issue 1099-DA forms for digital asset transactions, creating a paper trail that did not previously exist.
"Money doesn't just disappear," Kaplan said. "You might not be able to follow the trail after it's transferred to an unknown destination, but you can usually identify the initiation."
In 2025, a court rejected an AI-generated voice recording of the father making threats to their child. The audio was created using old WhatsApp voice messages processed through an AI tool. When forensic analysis revealed the manipulation, the mother was charged with fabricating evidence and the father regained full parental rights.
According to a federal judicial panel proposal advanced in 2025, AI-generated evidence presented in court now requires the same reliability standards as traditional expert testimony. Michelle O'Neil, co-founder of the Dallas-based law firm OWLawyers, reported that courts are seeing a "real increase" in fake evidence created with AI, with judges being trained at schools and conferences to remain vigilant.
"I'm a bit jaded after years of practice," Kaplan said. "I haven't seen a massive increase in people successfully getting away with hiding assets."
About Dina S. Kaplan
Dina S. Kaplan is a partner at Berkman Bottger Newman & Schein with more than 25 years of family law experience. She is admitted to practice in New York and Connecticut and has been recognized by Super Lawyers for eight consecutive years.
Office Address: Berkman Bottger Newman & Schein, LLP, 445 Hamilton Avenue, 15th Floor, White Plains, NY 10601
CITATIONS
[1] https://www.superlawyers.com/resources/divorce/what-to-do-if-your-spouse-hides-assets-during-divorce/
[2] https://www.cnbc.com/2025/12/07/millennials-bitcoin-crypto-divorce-law.html
[3] https://www.todaystopquestions.com/hidden-assets-in-divorce/
[4] https://www.interactivecrypto.com/crypto-divorce-shock-hidden-assets-in-a-399-trillion-marketare-you-at-risk
[5] https://www.wichran.pl/en/blog/deepfake-in-divorce-cases-2025/
[6] https://www.foxbusiness.com/media/getting-divorced-artificial-intelligence-deepfakes-could-cost-you-court
Media Contact:
According to the National Endowment of Financial Education, almost 40 percent of spouses have committed financial deception during marriage. Roughly 25 million U.S. adults held cryptocurrency as of 2024, according to IRS data. In 2025, courts documented cases of AI generated deepfakes submitted as evidence in custody disputes.
Dina S. Kaplan, a partner at Berkman Bottger Newman & Schein with over 25 years of family law experience, addresses what these figures mean for divorce litigation. "We're only as good as what we can detect," Kaplan said.
Failure to disclose remains the most common method of concealment. "Because we live in a highly electronic age, it's hard to hide a lot," Kaplan said. "Attorneys sometimes miss things because they don't take the time to review bank, brokerage, and credit card statements carefully. Once you do, you can identify unusual transfers and accounts that haven't been disclosed."
Cryptocurrency presents a growing challenge. According to data from Gallup and Pew Research, 14 to 17 percent of U.S. adults have owned cryptocurrency. According to a Reuters analysis from August 2024, blockchain analysis tools have recovered over 1.2 billion dollars in hidden assets in legal disputes over the past two years alone. Starting in 2025, new Internal Revenue Service rules require cryptocurrency brokers to issue 1099-DA forms for digital asset transactions, creating a paper trail that did not previously exist.
"Money doesn't just disappear," Kaplan said. "You might not be able to follow the trail after it's transferred to an unknown destination, but you can usually identify the initiation."
In 2025, a court rejected an AI-generated voice recording of the father making threats to their child. The audio was created using old WhatsApp voice messages processed through an AI tool. When forensic analysis revealed the manipulation, the mother was charged with fabricating evidence and the father regained full parental rights.
According to a federal judicial panel proposal advanced in 2025, AI-generated evidence presented in court now requires the same reliability standards as traditional expert testimony. Michelle O'Neil, co-founder of the Dallas-based law firm OWLawyers, reported that courts are seeing a "real increase" in fake evidence created with AI, with judges being trained at schools and conferences to remain vigilant.
"I'm a bit jaded after years of practice," Kaplan said. "I haven't seen a massive increase in people successfully getting away with hiding assets."
About Dina S. Kaplan
Dina S. Kaplan is a partner at Berkman Bottger Newman & Schein with more than 25 years of family law experience. She is admitted to practice in New York and Connecticut and has been recognized by Super Lawyers for eight consecutive years.
Office Address: Berkman Bottger Newman & Schein, LLP, 445 Hamilton Avenue, 15th Floor, White Plains, NY 10601
CITATIONS
[1] https://www.superlawyers.com/resources/divorce/what-to-do-if-your-spouse-hides-assets-during-divorce/
[2] https://www.cnbc.com/2025/12/07/millennials-bitcoin-crypto-divorce-law.html
[3] https://www.todaystopquestions.com/hidden-assets-in-divorce/
[4] https://www.interactivecrypto.com/crypto-divorce-shock-hidden-assets-in-a-399-trillion-marketare-you-at-risk
[5] https://www.wichran.pl/en/blog/deepfake-in-divorce-cases-2025/
[6] https://www.foxbusiness.com/media/getting-divorced-artificial-intelligence-deepfakes-could-cost-you-court
Media Contact:
Ryan McCormick
Goldman McCormick PR, INC
+1 516-901-1103
ryan@goldmanmccormick.com
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