Creators Urged to Protect Social Media Assets in Prenuptial Agreements
A legal expert has advised social media creators and public figures to formally protect their digital assets—including TikTok, YouTube, and Instagram accounts—through prenuptial agreements, highlighting a growing area of legal uncertainty in the creator economy.
Michelle May O’Neil, an attorney specializing in name, image, and likeness (NIL) rights, presented this warning during a panel at SXSW 2026 titled “Who Owns Me? Legal War Over Identity in the Creator Economy.” O’Neil, a nationally recognized lawyer, stated that creators must take proactive steps to safeguard their online identities, treating them as valuable property akin to a business.
The issue is not theoretical. O’Neil cited the divorce of married influencers Kat and Mike Stickler, which centered on the ownership of their joint social media following of approximately 4 million users. While Kat Stickler ultimately retained the primary TikTok account, the case, covered by The Wall Street Journal, exemplifies the type of high-stakes dispute that can arise. O’Neil emphasized that family courts currently lack clear precedent or legal doctrine to equitably divide such digital assets, leaving outcomes unpredictable.
“We don’t have case law authority. There’s no legal doctrine for this,” O’Neil said, explaining that an account’s value often stems from the combined identity of both spouses, making division complex. She noted that without prior agreements, an individual’s digital likeness—their name, image, voice, and content—can become entangled as joint property upon marriage.
To prevent future litigation, O’Neil recommends a specific clause in prenuptial agreements. This clause should affirm that each spouse maintains exclusive rights to their own name, image, likeness, and related content, and that marriage does not automatically grant the other spouse a license to use them. She based this advice on her experience representing high-profile clients.
Furthermore, O’Neil suggests creators establish a legal entity, such as an LLC, to hold their core digital assets before marriage. This structural step can further delineate ownership and protect the creator’s primary income-generating identity.
While prenuptial agreements are often viewed as a safeguard for unlikely scenarios, O’Neil stressed their increasing relevance for the digital generation. A clear contract outlining ownership of social media accounts and NIL rights can provide a critical roadmap if a relationship ends, potentially avoiding protracted legal battles over intangible but highly valuable assets.
This guidance arrives as the creator economy matures, bringing traditional legal frameworks for property and divorce into uncharted territory. Legal experts note that as personal brand value grows, so does the necessity for creators to formally define ownership of their digital presence before entering a marriage.
