If you divorce, who gets the gold?

No matter how careful you are, divorce has a way of turning your finances into a mess. Bank accounts are easy enough to split, but physical assets like gold coins or bullion can be more complex.

Before splitting up a couple’s gold holdings, courts and divorce lawyers focus on a key question: Is the gold marital property or separate property?

Marital property: Marital property refers to assets you acquired during your marriage, regardless of whose name is on the investment account or receipts. If you bought gold coins or bars during your marriage, they would be considered marital property. With most divorces, marital property is divided between the two spouses.

Separate property: Separate property refers to the assets that belong to the individual. Separate property includes assets you owned before marriage or inherited items. If you inherited gold coins or a gold necklace from a grandparent, those items are separate property and belong to you alone. In order for separate property to be excluded from the divorce, documentation is everything; you’ll need receipts, appraisals, ownership records, or a copy of the will.

Divorce laws and the division of assets vary by location. States typically fall into two categories:

Community property states: In a community property state, the assets you acquired during your marriage are split 50/50. For instance, if you currently own 10 ounces of gold and live in a community property state, you’d split it, and your spouse would get 5 ounces.

Equitable distribution states: If you live in an equitable property state, the courts divide your marital assets based on what it considers fair, rather than equal. For instance, a judge may award you a larger percentage of the gold coins, and your spouse may get a larger slice of the home equity you’ve built in your marital home.

How your investment in gold is handled in divorce can depend on its form.*

With gold bullion, bars, or investment-grade metals, courts typically treat them as financial investments. In divorce cases, courts will determine the property’s current market value, decide who was the original owner, and determine whether it’s marital property.

Depending on the court’s decisions, the following outcomes are possible:

The couple may have to sell the gold and split the proceeds

The couple may divide the gold among themselves

One person may keep the gold while giving up another asset to compensate their spouse

Gold coins can be a source of conflict, because there are several kinds. Some gold coins, such as American Gold Eagles, are valued by their gold content, making their value easy to track. Other coins are numismatic collectibles or special editions, so their value is based on other factors besides their gold content.

For example, a 1910 gold coin can be worth $10,000 or more, depending on its condition and rarity.

Because gold coins can vary in rarity, historical significance, condition, and collector demand, couples will usually need to have their gold holdings appraised as part of the property division process. Afterward, the gold coins are split, or one person may opt to hold onto the gold while sacrificing other assets to compensate their partner. In general, gold coins purchased during the marriage are marital property.

Gold isn’t always physical gold or coin. Some investors put their money into gold IRAs (individual retirement accounts), special IRAs that allow investors to hold alternative assets like art or precious metals. During the divorce process, courts will often divide retirement if contributions were made during the marriage.

However, dividing retirement accounts can be tricky because withdrawing money to split it up can trigger taxes and early withdrawal penalties. And, gold in IRAs involves extra fees and storage costs.

Read more: Gold IRA: Benefits, risks, and how it differs from a traditional IRA

Depending on the type of gold you have, its value will be determined either by the spot price of gold or via appraisal.

Gold bars, bullion, and many coins are valued based on the gold spot price, reflecting the current gold market value. Collectible coins or jewelry may require an appraisal that accounts for age, collector demand, and condition.

Gold prices are constantly changing, so courts will usually use a specific valuation date during the divorce settlement proceedings.

Dividing gold during a divorce can have tax consequences:

Capital gains: If you have to sell your gold holdings to split the gold with your ex-spouse, you’ll have to pay capital gains taxes on the investment’s appreciation.

Retirement account rules: If your gold is held in a retirement account, you may trigger early withdrawal penalties and taxes.

If you own gold and you see a divorce in your future, organization and documentation are key. To prepare, follow these steps:

Go through your paperwork and emails to track down order receipts.

If you have collectible coins or jewelry, get updated appraisals.

Document where the gold is stored and who has access to the storage box or storage unit.

Photograph valuable pieces.

While a divorce is never easy, having thorough records can make it easier. If you’re not sure what documents you need, talk to your divorce attorney for legal advice.

*Disclaimer: This is not legal advice — for personalized guidance on what to expect during a divorce, talk to a divorce lawyer about your gold. 

In most cases, separate property — including assets you had before marriage and inherited items — is exempt from divorce. If you have inherited gold coins or purchased gold bars before your marriage, those items are usually exempt from the marital estate.

Precious metals are handled like other assets in a divorce. Depending on where you live, the gold could be sold and split, or you may negotiate on how to divide your holdings.

Whether gold coins are considered marital property depends on when you purchased them. Coins purchased before marriage are usually separate property.