22 Jan Influencer Divorce and Digital Assets in Texas: What Happens to Online Brands?
Recent headlines surrounding the divorce of influencer Kristy Scott have drawn attention to a growing issue in modern family law: the value of digital brands. As online creators build substantial income and influence through social media, questions about ownership and division during divorce have become increasingly common.
What may look like celebrity news often reflects real legal challenges faced by business owners and professionals whose income depends on digital platforms. In Texas, online accounts and digital revenue are treated with the same legal scrutiny as traditional businesses.
Understanding how digital assets are handled in divorce can help creators protect what they have built.
When a Digital Brand Is Built Together
Kristy and Desmond Scott reportedly built a shared online presence centered on their relationship and family life. When a brand is created jointly during a marriage, divorce raises important questions about who owns the account, the audience, and future income streams.
Texas courts increasingly recognize that digital brands function like businesses. They may generate revenue, hold intellectual property, and carry goodwill that affects long-term earning potential.
Are Social Media Accounts Considered Community Property?
Texas is a community property state. Most assets acquired during the marriage are presumed to belong to both spouses, including digital assets.
Common Digital Assets in Divorce
- Revenue earned during the marriage, including advertising income, sponsorships, and affiliate sales
- Digital intellectual property, such as videos, written content, online courses, and brand materials
- Business goodwill, which reflects the reputation and audience loyalty that drives future income
If a social media account or online business was created after the marriage began, it may be treated as community property and subject to a just and right division.
How Digital Brands Are Valued in Divorce
Unlike traditional bank accounts, digital brands can fluctuate significantly in value. Courts often rely on financial experts to assess both current income and future earning potential.
Who Is the Primary Creator?
If one spouse is clearly the face and driver of the brand, a court may award that spouse control of the account. The other spouse may receive compensation through other marital assets, such as real estate or retirement funds.
Financial and Digital Forensics
In complex cases, forensic accountants may be used to identify income streams that are not immediately visible. This can include off-platform brand deals, licensing arrangements, or digital currency payments tied to the brand.
Strategic Considerations for Creators and Business Owners
For professionals who rely on digital platforms as a side business or primary source of income, planning ahead is essential.
Establishing Separate Digital Identity
Creating a distinct personal brand can help clarify ownership and reduce disputes if a marriage ends. Clear separation between personal and joint content can matter in asset division discussions.
Confidentiality and Brand Protection
High-profile divorces sometimes involve confidentiality agreements to protect reputations and prevent public disputes from affecting brand value.
Partition and Marital Agreements
Legal tools such as partition agreements can help define whether a digital business is considered separate or community property. These agreements are most effective when created proactively.
Divorce in the Digital Age
Modern divorce involves more than homes and vehicles. Digital businesses, online reputations, and virtual income streams now play a major role in property division.
Navarrette Family Law works with clients navigating complex asset division, including non-traditional and digital assets. You may find it helpful to review the firm’s Client Resources for information on property division and financial documentation.
https://nfamilylaw.com/client-resources/
Speaking with experienced legal counsel can help you understand how your digital assets may be treated and what steps can support long-term financial stability.
This content is for general informational purposes only and does not constitute legal advice. Every case is different.
Frequently Asked Questions
Can followers be divided between spouses?
Followers cannot be split directly. However, the financial value associated with an audience may be addressed through asset offsets or buyout arrangements.
What if a social media account existed before marriage?
An account created before marriage may be considered separate property. However, income generated during the marriage is often treated as community property.
Can a court order content to be removed?
In some situations, courts may order content removed if it violates standing orders or affects the best interests of children involved in the case.
Planning for the Future of Your Digital Assets
If you are a creator or business owner facing divorce, understanding how Texas law approaches digital property can help you plan more effectively.
Navarrette Family Law assists clients throughout Denton County and surrounding North Texas areas with complex property division issues, including digital businesses and online income. Scheduling a consultation can help you evaluate options for protecting your digital legacy.