Is a TikTok account a marital asset?
Potentially. Or, more accurately, the business built around one can be worth very real money. Once an account comes with millions of followers, sponsored posts, advertising revenue, licensing deals, and enough influence to convince strangers they desperately need a particular water bottle, we have moved well beyond harmless scrolling.
For those of us whose social media accounts generate approximately zero dollars annually, fighting over TikTok in a divorce may sound bizarre. But when posting videos and other types of content pays the mortgage, the account and everything attached to it can become a serious financial issue.
So what exactly is being fought over?
A social media empire is considerably harder to divide than a house. You cannot give one spouse the kitchen, the other the garage, and alternate weekends with the 4.2 million followers.
What may have value includes the content itself, income from older posts, sponsorship and advertising agreements, trademarks, copyrights, brand names, subscriber revenue, and the goodwill attached to the creator’s identity. There may also be an entire business behind the account, complete with employees, merchandise, contracts, and future earning potential.
Even ownership of the actual account can get murky. TikTok’s terms of service say users cannot transfer an account to somebody else without permission. In other words, a divorce settlement cannot necessarily treat @OurAdorableMarriage like the spare Honda and simply hand over the keys.
For divorcing creators, the real question may be who owns the business interests, content, and revenue connected to the account, and what those things are worth.
Don’t believe us? Ask the Sticklers
Imagine you and your spouse start filming silly videos together. People watch. Then millions of people watch. Brands start paying you, content creation becomes your livelihood, and suddenly the goofy account you opened together is one of the most valuable things in your marriage.
Then you get divorced.
That problem was very real for influencers Kat and Mike Stickler. They built their MikeAndKat TikTok presence together, attracting roughly four million followers before separating in 2021. Their social media accounts then became part of the divorce discussion.
Kat ultimately kept the TikTok account and rebranded it under her own name. Mike received the YouTube channel. Kat later told an interviewer that she argued the TikTok account would continue growing with her behind it, and she appears to have been correct. The account eventually grew to more than 10 million followers.
So yes, apparently there are divorces where deciding who gets TikTok may matter considerably more than deciding who gets the sectional sofa.
Influencer prenups have entered the chat
Naturally, people whose livelihoods depend on social media have begun planning for this problem before marriage.
An “influencer prenup” is not some exotic new species of legal document written entirely in hashtags. It’s a prenuptial agreement that accounts for unusual assets associated with a creator business.
Depending on the situation, couples may address who owns accounts created before the marriage, rights to jointly produced content, business income, intellectual property, brand partnerships, and what happens to the business if the marriage ends. Some creators may also want clarity about whether old couple content stays online after the relationship does not.
Financial creator Vivian Tu has publicly discussed carving her Your Rich BFF business out of her own prenup, which makes sense when your personal brand also happens to be your company.
And before anyone says prenups are only for celebrities with millions of followers, we have already addressed that particular misconception about common prenup myths. Your assets do not need their own verification badge before they are worth discussing.
A postnuptial agreement may also address property after the wedding, although how any agreement holds up will depend on the circumstances and applicable law.
Related reading: TikToker takedown: Lawyer sues influencer for millions over defamatory divorce videos
The marital estate has gone digital
Houses, cars, investment accounts, and retirement funds have definitely not become irrelevant in a divorce. We have simply reached the point where the marital-property conversation may also include a YouTube archive, sponsorship contracts, and an Instagram account with enough followers to populate a small country.
For influencers, sorting out those assets before trouble starts can spare everyone from someday having to explain to a judge why @CoupleGoals is worth more than the family car.
If your marriage includes a business, valuable digital assets, or property considerably more complicated than who gets the couch, talk with LaGrandeur & Williams. Visit one of our law offices or call us to discuss your situation. We promise you will not need to explain what “going viral” means.