Social media has changed how many Americans make a living. Some social influencers like Joe Rogan have a potentially larger audience than some traditional news channels. Some couples even make a living online together, making their social media accounts prosperous by working together on it. These social media accounts may be worth hundreds of thousands or even millions of dollars. What happens though if the social media couple splits up?
It is estimated there are about 27 million paid content creators in the United States. About 44% of these influencers claim that their social media is a full-time job. Like traditional media though, these influencers are paid by advertisers to market their product or service to their audience.
Many social media accounts, like some households, require a team effort to run. There is often one person who is more of the “brand” or public face of the account while the other partner might be managing the business or video aspect of the social media account.
The various arguments for dividing a social media account may be similar to the application for spousal support for spouses who primarily take care of the household. Although one spouse may hold a full time job outside the homestead, the spouse who does the housework should also be compensated for their contribution. Likewise, the partner who runs the social media accounts “behind the scenes” should also be recognized and compensated for their work even if it was the other spouse who was the public face of their work.
Division of Social Media as Property
Social media can be viewed as property instead of, and/or as, a source of income. Like a car or a house, the value of the social media can be measured and then the divorcing couple can either divide the proceeds of a sale, or one partner can buy out the other.
Unlike a car though, the value of a social media account may increase overtime if the owners put in work to maintain and grow the account. Measuring future value is actually more difficult if both spouses shared a public role equally. It might be difficult for a couple who were appearing together in social media to suddenly split up and have to build their own individual brand.
It is possible that both spouses could use a significant source of income if their social media account is suddenly divided, or it is possible that one spouse becomes more popular than the other. Either way, it would be difficult for any divorce court to measure how much a social media account may be worth after the couple has formally divorced.
Dividing the Audience
Divorce is hard enough for many couples even when the process is kept private between them and their attorneys. However, a social media influencing couple may find themselves airing their private quibbles in front of the entire world on their social media. It may be a joint decision or one partner may disclose it on their own. Disclosure may have significant financial impact as the audience may choose one spouse or may simply lose interest if the account doesn’t host both halves of the couple. Even if the divorce is not disclosed though, some in the audience may notice if a couple who used to appear together no longer do.
Nuptial Agreements as an Imperfect Solution
Some influencers have turned to prenuptial or postnuptial agreements to maintain definitions and boundaries over their social media accounts. Although nuptial agreements are often met with concern because it implies that trust isn’t present in a marriage, it may be in one spouse’s best interests if he or she maintains a social media account that is worth a significant amount of money. A nuptial agreement would provide clear guidance to both spouses if they later want to end their marriage.
Do I Need a Lawyer for My Family Law Issue?
If you are having difficulty getting your divorce finalized, you should contact a family lawyer today. A skilled family lawyer can answer your questions, provide guidance on your case, and represent your best interests in court.