Creators Need a Prenup for Their TikTok

For creators, dividing joint assets is more complex. According to a litigation strategist at SXSW 2026, creators should consider adding TikTok, YouTube, and Instagram accounts to their prenups. Attorney Michelle May O’Neil, during her SXSW panel “Who Owns Me? Legal War Over Identity in the Creator Economy,” advised creators to protect their identities with prenuptial agreements. She cited the case of married influencers Kat and Mike Stickler, who fought over their 4 million followers in a divorce. O’Neil recommends having a prenup clause that each spouse retains exclusive rights to their name, image, and likeness. Creators should also establish an LLC to protect their digital identity. Though you hope never to use them, prenups can be crucial in legal battles over social media assets or NIL issues. “That one clause in a prenup that says I have the rights, I own my name, image, likeness, my voice, my writings, it’s my property,” O’Neil emphasized. This article is not legal advice; consult your legal representative for guidance.