When people think about divorce, the typical assets at issue that come to mind are houses, businesses, investment accounts, and retirement assets. But if you are thinking about getting divorced in Illinois, you may be surprised to learn that your Facebook, Instagram, TikTok, or other social media accounts could be considered part of your marital property.
In Illinois, divorce courts allocate marital property equitably, and marital property includes most assets (and debts) acquired during the marriage.
If one spouse created a personal social media account during the marriage, and it has been used to build a following, influence, or even generate income, the account and its revenue stream might be considered marital property subject to allocation.
If one spouse built and maintained the account, especially if it is closely tied to their personal brand—the court might allow that spouse to retain the account, while compensating the other with a larger share of other assets. Alternatively, if both spouses were equally involved in growing the account (say, for a jointly-run business), the account may be divided by: one spouse keeping the account and buying out the other, selling the account and dividing the proceeds, or agreeing to share profits (though this can be complex if one spouse’s efforts post-divorce are responsible for maintaining it).
Valuing a social media account is not always easy. Courts may consider: the number of followers or subscribers, various engagement metrics (likes, shares, comments), revenue generated from the account (ads, partnerships, affiliate sales), influence on a business’s value, and transferability (can the account legally be handed over?). Valuation may involve digital marketing experts or financial professionals, especially in high-asset or business-related divorces.
As our digital identities become more deeply entwined with our financial and personal lives, it is no surprise that social media is showing up in divorce court. Whether you are an influencer, entrepreneur, or just someone with a large online presence, understanding your rights and responsibilities under Illinois law is crucial.
If you’re facing divorce and have questions about digital assets, consult with a family law attorney experienced in handling complex property division—including the ones that live online.
Michael D. Sevin, Partner
For more on Mr. Sevin, please visit: https://www.beermannlaw.com/team/michael-d-sevin.
