Creators Urged to Address Social Media Assets in Prenuptial Agreements
A legal expert has advised digital content creators to formally protect their social media accounts and personal brand identities through prenuptial agreements, highlighting a growing area of unaddressed risk in the creator economy.
Michelle May O’Neil, an attorney specializing in name, image, and likeness (NIL) rights, presented this recommendation during a panel at SXSW 2026 titled “Who Owns Me? Legal War Over Identity in the Creator Economy.” O’Neil stated that platforms like TikTok, YouTube, and Instagram should be considered significant financial assets, akin to a family business, requiring explicit clauses in prenups to prevent future disputes.
This guidance is not theoretical. O’Neil cited the high-profile divorce of influencers Kat and Mike Stickler, which centered on the ownership of their joint 4-million-follower TikTok account. While Kat Stickler ultimately retained the account, the case illustrated how family courts lack established legal doctrine to divide digital assets. “We don’t have case law authority,” O’Neil noted, explaining that an account’s value often stems from the creator’s personal identity, complicating property division.
A key concern is the rights of a non-creator spouse who appears in content. O’Neil suggested prenups include clear language ensuring each party maintains exclusive rights to their own name, image, likeness, and voice, preventing automatic transfer of these rights through marriage.
Beyond a prenup, O’Neil recommended creators establish a separate legal entity, such as an LLC, to hold their digital assets before marriage. This structure can further insulate the personal brand as a business property.
With the creator economy expanding globally, these proactive legal steps aim to provide clarity where current family law is silent, protecting valuable digital legacies from becoming contentious assets in divorce proceedings.
This article is based on a panel discussion at SXSW 2026 and does not constitute legal advice. Creators are encouraged to consult with qualified legal professionals regarding their specific circumstances.
