(1) GENERAL. Except as otherwise determined under sub. (2), classification of digital property, including the content of electronic communications, is determined under s. 766.31. (2) EXCEPTIONS. (a) Digital property in an account. An account and the digital property held in an account, as defined in s. 766.01 (9) (e) , including the content of electronic communications, as defined in s. 711.03 (6), not otherwise classified as individual property under s. 766.31 (6) and (7) (a) to (d), is classified as the individual property of the holding spouse, regardless of the classification of property used to create, purchase, or otherwise acquire the account and digital property held in the account, unless the nonholding spouse can prove that any of the following apply: 1. ‘Creation.’ The account or the digital property in the account was not originally created, purchased, or otherwise acquired exclusively for the personal, noneconomic purposes of the holding spouse. 2. ‘Use.’ The account or the digital property in the account has at any time been used for purposes other than the personal, noneconomic purposes of the holding spouse. (b) Exchanges; income. Notwithstanding par. (a), with respect to an account and the digital property held in the account, as defined in s. 766.01 (9) (e) , including the content of electronic communications, as defined in s. 711.03 (6), classified as individual property solely by reason of par. (a), all of the following apply: 1. ‘Exchanges; Proceeds.’ Section 766.31 (7) (b) does not apply, and in the event of a sale, exchange, or other disposition, property received in exchange for such account, or the digital property in the account, is classified as marital property. 2. ‘Income.’ Section 766.59 does not apply, and income during marriage and after the determination date attributable to the account, or the digital property in the account, is classified as marital property.
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