Are Social Media Accounts Considered Marital Assets?

By Sarah J. Jacobs, Esq., Co-Founder, Jacobs Berger, LLC · Morristown, New Jersey | Last reviewed: October 2026

Social media is part of most Americans’ daily lives. A Pew Research Center survey found that 83 percent of U.S. adults use YouTube and 68 percent use Facebook, with Instagram, TikTok and LinkedIn close behind. For many people these accounts hold family photos and keep friends in touch. For a growing number, they are also a source of income: about 27 million people in the U.S. now describe themselves as creators, and many more small business owners, consultants and real estate agents depend on their followings for leads and sales.

When a marriage ends, that raises a practical question: is a social media account something to be divided?

Quick answer: In New Jersey, a social media account that earns money can be treated as a marital asset if its value was built during the marriage, and New Jersey courts have treated even personal reputation and celebrity value as divisible. A purely personal account usually has no financial value to divide, though access to shared photos and content can still be negotiated. Income from any account counts toward alimony and child support.

How New Jersey Defines Marital Property

New Jersey is an equitable distribution state. Under N.J.S.A. 2A:34-23, a court divides marital property fairly based on statutory factors, which does not necessarily mean equally. In general, property either spouse acquired from the date of the marriage until the date the divorce complaint is filed is marital, regardless of whose name is on it. Property owned before the marriage, and gifts or inheritances from third parties, are generally exempt.

The line is not always clean. Separate property can take on a marital component if it increased in value during the marriage because of either spouse’s efforts or marital funds. The same tracing questions come up with other assets, such as whether a spouse is entitled to a personal injury settlement.

When a Social Media Account Becomes an Asset

New Jersey has no statute specifically addressing social media accounts in divorce, so courts apply the same equitable distribution principles used for businesses and professional practices. The key question is what the account does.

Income-producing accounts cover more ground than most people expect. A part-time creator earning occasional sponsored-post fees, or a small business owner whose Instagram drives most sales, may own an asset with real value.

Platform Rules Still Matter

Most platforms’ terms of service treat an account as a personal license rather than property that can be sold or transferred. That does not stop a court from valuing what the account earns, but it can limit practical options. A court cannot easily “award” an account built on one spouse’s face and voice to the other spouse, so the result is usually a buyout or an offset against other assets.

Valuing a Social Media Account

Valuation is where these cases get complicated. Three issues tend to drive the outcome.

Timing. An account started during the marriage is generally marital. One started before the marriage may still have a marital component if it grew during the marriage through either spouse’s work, marital money spent on equipment, editing or advertising, or one spouse’s support at home that freed the other to create.

Goodwill tied to a person. Many states exclude “personal goodwill” that depends entirely on one individual from division. New Jersey generally does not. The Supreme Court held in Dugan v. Dugan (1983) that the goodwill of a professional practice is distributable, and in Piscopo v. Piscopo (App. Div. 1989), the court affirmed that comedian Joe Piscopo’s “celebrity goodwill” built during the marriage was marital property. For an influencer whose brand is their personality, that line of cases matters.

Double counting. If the account’s value is based on its expected future income, and that same income is then used to calculate alimony, the other spouse could benefit twice from one stream of money. In Steneken v. Steneken (2005), the New Jersey Supreme Court addressed this “double dipping” problem in the context of a closely held business. Courts and experts aim to separate the value of the asset from the income used for support.

Because of these issues, valuing an income-producing account usually requires a forensic accountant or business valuation expert who can analyze revenue history, contract terms, engagement trends and how dependent the income is on one person.

Jointly Run Accounts

A couples’ YouTube channel, a family lifestyle account or a brand built around a shared business raises a harder question: what happens when the brand depends on both spouses? One spouse may buy out the other, but only if they can agree on a value and on whether the account will keep its audience once the partnership ends. Some accounts lose most of their value when the couple separates, and a fair settlement has to account for that. In other cases, the spouses agree to wind the account down and divide past earnings.

Social Media Income and Support

Income from sponsorships, affiliate links, ad revenue and subscriptions counts toward alimony and child support, just like wages. Both spouses must disclose income and assets on the Family Part Case Information Statement, and irregular creator income often needs bank records, platform payout reports and brand contracts to document. Courts may average income over several years when it fluctuates.

Steps to Take If You Have a Monetized Account

1. Take inventory early. Record when each account was created and gather earnings statements, brand contracts, sponsorship agreements and analytics.
2. Do not delete posts or analytics. Removing sponsored content or clearing data during a divorce can be treated as destroying evidence, and even personal posts may be subject to discovery.
3. Do not lock your spouse out of a shared account. Changing passwords, removing a co-owner or moving account revenue without agreement can be treated as dissipation of marital assets and can lead to a credit against you in the final division.
4. Bring in a valuation expert when income is irregular. Seasonal sponsorships and one-off deals are harder to value than steady revenue, and an early, defensible valuation helps settlement talks.
5. Be careful what you post. Content about your spouse, new purchases or the divorce itself can be used as evidence on credibility, finances or parenting.

Social media accounts are handled the same way New Jersey handles other assets: by asking when the value was created, who contributed to it and what it is worth. The answers are rarely obvious, which is why these accounts deserve the same careful documentation as a business or a retirement account.

Authorities & Sources

1. Piscopo v. Piscopo, 232 N.J. Super. 559 (App. Div. 1989)
2. Steneken v. Steneken, 183 N.J. 290 (2005)
3. New Jersey Courts: Family Part Case Information Statement
4. Pew Research Center: Americans’ Social Media Use (2024)

Disclaimer

This article provides general information about social media accounts and equitable distribution in New Jersey. It is not legal advice, and reading it does not create an attorney-client relationship. Outcomes depend on the facts of each case. Consult a licensed New Jersey family law attorney about your situation.