Managing Digital Assets in Marital Crisis

In the era of the creator economy, the end of a marriage no longer solely involves the division of the marital home or bank accounts, but increasingly concerns intangible assets of enormous economic value: social media profiles and video channels. When a couple builds an online following together, transforming their lives or a shared passion into a profitable business, separation raises complex legal questions. As an expert family law attorney in Milan, Avv. Marco Bianucci daily tackles the challenges related to ownership, management, and revenue sharing from co-managed Instagram, TikTok, or YouTube channels.

The central issue concerns the legal nature of the account: is it personal property or a marital business? If the profiles generate income through sponsorships, advertising, or product sales, they fully fall within the assets to be divided. The lack of specific and updated legislation requires a tailor-made legal strategy, capable of applying the principles of civil law and copyright law to new digital realities, to prevent personal conflict from destroying the economic value built over time.

The Regulatory Framework: Between Copyright and Marital Property Regime

In Italy, the law does not yet provide for specific regulations for the division of "followers" or the account itself. However, case law and legal scholarship apply the rules on community property and family businesses by analogy. If spouses are under a community property regime and the digital activity was initiated during the marriage, the income and any goodwill value of the account may be subject to division. It is crucial to distinguish between moral copyright (which remains personal and inalienable) and economic exploitation rights, which are instead patrimonial and divisible.

A critical aspect concerns the right to one's image. Even if a channel is managed jointly, the image belongs to the individual. In the event of divorce, consent to the use of the ex-spouse's image can be revoked, effectively halting the channel's activity. This scenario requires a thorough preliminary analysis to establish who is the actual owner of the relationship with the platform and who has contributed, with their work or image, to the initiative's success.

The Bianucci Law Firm's Approach to Digital Assets

Avv. Marco Bianucci, operating as an expert family law attorney in Milan, adopts a pragmatic approach focused on safeguarding the business. The firm's strategy is not limited to the mere application of separation laws but integrates expertise in commercial law and intellectual property. The primary objective is to avoid value dispersion: a contested and inactive account quickly loses relevance and monetization.

The work method involves first a correct economic valuation of the digital asset, often enlisting technical experts to estimate the value of engagement and existing contracts. Subsequently, the firm works on drafting precise settlement agreements that can provide for various solutions: assigning the account to one of the spouses with concurrent economic compensation (liquidation of the share) for the other, or, in cases where a professional relationship can be maintained, drafting shareholder agreements for the continuation of joint business activity post-separation. Avv. Marco Bianucci pays particular attention to the protection of privacy and online reputation management during the delicate phase of separation.

Frequently Asked Questions

Who owns the Instagram profile created together during the marriage?

Formal ownership belongs to whoever registered the account by accepting the platform's terms of service. However, if the profile was used for a joint economic activity under a community property regime, the economic value generated and the goodwill are considered common assets. During separation proceedings, the judge or the parties' agreement must establish compensation for the spouse relinquishing management, based on the profile's market value.

How are YouTube earnings divided after separation?

Earnings accrued and not yet consumed up to the dissolution of the legal community must be divided 50/50. Regarding future earnings, everything depends on the agreements made: if the activity ceases, there are no future earnings to divide; if the activity continues by only one of the spouses, the other will be entitled to a one-time settlement of the digital business's value at the time of separation, but not to subsequent earnings derived from the ex-partner's exclusive work.

Can I prevent my ex from using my photos or videos on our shared social media?

Yes. The right to one's image is a deeply personal right. Even if you previously consented to the publication and commercial exploitation of your image, you can revoke that consent for the future following a separation. This often necessitates removing content or ceasing the use of your image for new posts, without prejudice to compensation for any damages if unauthorized use continues.

How is the value of a social media account calculated in case of divorce?

There is no fixed price list, but business criteria are used. Factors evaluated include the number of real followers, the engagement rate (interactions), the history of advertising revenue, active sponsorship contracts, and growth potential. Often, an expert technical appraisal is required to establish an objective value that can be used as a basis for negotiating alimony or asset division.

Protect Your Digital Assets

Dividing digital assets requires specific expertise that goes beyond traditional divorce management. If you are facing a separation involving monetized social media channels or influencer marketing activities, it is essential to act promptly to avoid compromising the value of your work. Contact the Bianucci Law Firm to schedule an initial consultation at Via Alberto da Giussano 26 in Milan. Avv. Marco Bianucci will analyze your specific situation to outline the most effective strategy to protect your economic and personal interests.