Los Angeles is a place where careers are built on creativity, image and innovation. With so much wealth tied to personal brands and original work, intellectual property (IP) often plays a central role in high-asset divorces. Whether it is a film script, a fitness app, a fashion line or a social media platform, IP can carry immense value. Under California’s community property laws, IP created or monetized during the marriage is typically considered shared property—meaning it’s subject to division.
Here are more insights on how courts approach the division of both digital platforms and other creative assets when intellectual property is at stake in a divorce.
Influencer accounts and digital presence
For social media influencers, a following is more than just fame—it’s a revenue stream. Instagram accounts, YouTube channels, TikTok monetization and even exclusive subscription platforms like Patreon may be considered marital assets if they generate income during the marriage.
Unlike traditional business assets, the value of a social media presence depends heavily on individual personality, image and audience engagement. As a result, courts must carefully evaluate not only current earnings, but also future revenue potential and the extent to which the brand is tied to the individual or the couple’s joint efforts.
Royalties, residuals and long-term income
Unlike physical property, intellectual property often produces income long after its creation. Think of music royalties, licensing agreements, screenwriting credits or patented inventions. In a divorce, future earnings from these assets can become a point of dispute. Will one spouse receive a percentage of royalties going forward? Should the IP be valued and bought out during the divorce? These questions require careful legal and financial analysis.
Work with a legal team that understands IP
When intellectual property is part of a high-asset divorce, it’s critical to work with a family law firm that understands both asset division and the complexities of IP. For influencers, entertainers or entrepreneurs, preserving brand identity and future earnings may be just as important as the division itself. With experienced guidance, it is possible to navigate the complexities of intellectual property while securing a stable financial future beyond marriage. From safeguarding royalties to handling influencer accounts, the right legal strategy ensures your creative legacy and business interests remain protected long after the divorce is finalized.