Many Americans devote a great deal of time and effort to developing their social media presence. A false story or negative comment that gets attention online can inflict significant damage on someone’s reputation. Some digital influencers have enough followers online that they’ve been able earn substantial income from sites such as TikTok, Instagram and YouTube. In certain situations, husbands and wives share an account dedicated to family life, travel, home repairs or some other subject. But what happens when the owners of these valuable web properties divorce?
Whether you’re a star of viral videos or just someone concerned about protecting your good name in the event of a breakup, you might want to consider including social media provisions in a prenuptial agreement. If your primary concern is what is said about you and your children online, you could include the following prohibitions in your document:
- No posting or sharing of private photos or texts
- No online disparagement
- No publication of information or images relating to your children without your consent
It’s best to be as specific as possible so that each spouse has a clear idea of what is off-limits should the agreement ever go into effect.
When a social media account is an income-generating asset, property division in a divorce can become quite complex. Kat and Mike Stickler rose to fame with their shared TikTok account, amassing millions of followers and generating substantial income. However, when the couple divorced, one of their biggest challenges was deciding who would retain control of the account. Ultimately, Kat prevailed and continued to make money through the video-sharing platform. Depending on the specific circumstances, reaching a resolution might require detailed analysis of the account’s current and future value, sponsorship opportunities and advertising revenue. Conflicts about each party’s contribution could erupt.
A social media prenuptial agreement can help couples address these issues before they arise. This type of legal instrument can set ground rules for post-breakup behavior and determine who retains control of specific accounts should the couple part ways. By addressing these matters upfront, couples can avoid lengthy and costly disputes down the road. A social media prenup is particularly important for influencers, content creators, and entrepreneurs whose online presence is a significant source of income.
Bryan L. Salamone & Associates, P.C. advises Long Island clients on a full range of issues related to prenuptial agreements and New York divorce law. For a consultation, please call 631-388-6009 or contact us online.