Navigating Divorce in the Digital Age

Navigating Divorce in the Digital Age

Legal Considerations for Online Assets and Influencer Income

Introduction

In 2025, an individual’s most valuable asset may no longer be their home – it could be their TikTok account. As influencer income and digital assets become increasingly central to modern relationships, family law must evolve to meet new challenges. This article explores how online businesses, social media conduct, and digital property are influencing the way divorce proceedings are approached and resolved.

What Counts as a Digital Asset?

In recent years, courts have started to treat digital assets in financial settlements. These include social media accounts, cryptocurrencies, NFT’s, monetised content (such as YouTube channels or blogs), online businesses and even in-game items. As the digital economy evolves, these assets need careful identification and, where appropriate, expert valuation during financial settlements.

Valuing Influencer Income

Valuing these assets proves challenging when looking at influencers or content creators. Courts must assess inconsistent, brand-driven income and apply new metrics of success, where “the worth of a social media account depends on variables such as follower count, engagement rates, and potential for future income.”

TikTok influencers Kat and Mike Stickler built a joint brand with millions of followers. Following their divorce, Kat retained the primary TikTok account and successfully rebranded it under her solo identity, while Mike took control of their YouTube channel. During their divorce, Kat successfully argued that the account’s value was tied to her continued presence and creative input. This case illustrates how digital assets may be divided based on individual contribution, audience retention, and the potential for future income generation.

Oversharing on Social Media

Due to the nature of social media, seemingly innocuous posts can now be seen as evidence during divorce proceedings. A single Instagram post may influence decisions around lifestyle claims, hidden assets, or parenting disputes. This risk is also not limited to influencers. Given the oversharing culture of social media, any content shared online can have legal consequences.

Most family law solicitors now advise clients to practise digital hygiene during a divorce. Screenshots, screen recordings of posts, even private posts or text conversations, can all be easily sourced and used as legitimate evidence.

Drafting for the Digital Age

In this new legal landscape, it’s important to consider how prenuptial agreements can protect digital assets. These agreements are no longer limited to property and savings. They now cover online businesses, cryptocurrencies, intellectual property, and social media accounts. This is particularly relevant for individuals whose income or identity is tied to their digital presence, as when a client’s identity is their brand, separating business from marriage is extremely complex.

A recent UK case reported by Michelmores involved a prenuptial agreement where the husband had £32.5 million in assets prior to marriage, including digital investments. The court upheld the agreement, reinforcing the principle that prenups will be respected if entered into freely and fairly, even when complex assets, such as digital investments, are involved.

Conclusion

It is essential for clients to consider these factors when entering into prenuptial agreements. Clauses can be tailored to protect digital assets, define ownership of future content or platforms, and even include provisions around digital privacy and conduct. While these assets may not be physical, their impact on financial settlements and reputational outcomes is significant.

Equally important is the need for caution when using social media during divorce proceedings. Oversharing, even unintentionally, can lead to content being used as evidence. Practising digital hygiene by limiting public disclosures and managing online behaviour is a crucial part of protecting both legal and personal interests.

In this evolving area of family law, early and thoughtful planning is key. A well-drafted prenuptial agreement and prudent social media use can provide clarity, reduce conflict, and ensure that both parties are protected, regardless of the size of their online following or digital portfolio.

If you need advice on child contact or any other family law matters in England and Wales only, please contact Sharan at Gilson Gray for a confidential discussion.

The information and opinions contained in this blog are for information only.  They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice.  Before acting on any information contained in this blog, please seek solicitor’s advice from Gilson Gray.