Is OnlyFans Income Marital Property in Divorce?

If you or your spouse earned income from OnlyFans during your marriage and before separation, any of that income or property acquired with it that remains owned at separation may be marital property in a divorce. Typically, property acquired with either spouse’s earnings during the marriage and before separation may be subject to division.

Epperson Law Group, PLLC, has decades of experience guiding clients through divorce. Keep reading to learn more about property division and how our team could assist you through this process.

What property is divisible during a divorce in North Carolina?

There are two types of property that spouses must divide when divorcing in North Carolina — marital property and divisible property(opens in new tab).

Marital property is property acquired by either spouse during the course of their marriage, prior to their separation, and still owned at separation. It may include income, real estate, automobiles, household items, bank accounts, investment and retirement accounts, and business interests. The equitable distribution process may also allocate marital debts between spouses. Money made from OnlyFans during the marriage that remains owned at separation may be marital property.

Divisible property includes certain appreciation or depreciation of marital property that occurs from the time of separation to the date of distribution(opens in new tab).

What property is not divisible?

Spouses do not have to divide separate property. This is any income or property that was acquired by either spouse before getting married and remains identifiable or traceable. Separate property may also include the following property acquired during the marriage:

• Gifts received from third parties and certain gifts from one spouse to the other when the statutory written-intent requirements are met
• Inheritances
• Any passive increase in value of separate property, as well as income derived from separate property

OnlyFans income made prior to a marriage may remain separate property if you can trace it to property still owned at separation. Generally, the best way to protect your prior income and your online business is to create a prenuptial agreement before getting married. An attorney could help you do this if it is not too late. If you are already seeking a divorce and do not have a prenup, a lawyer can help protect your interests as you and your spouse work to divide property.

OnlyFans as a business interest

Income earned solely from postseparation efforts generally is not subject to property division, though you may have to pay alimony if you are the supporting spouse. However, the division of the marital value of an OnlyFans business can become more complicated if your spouse contributed to the development of your online business during your marriage, even if you started it before you were wed.

For example, if your spouse helped market your page, grow your subscription base, or create content, the business may have a marital component. This could entitle them to a share of the business’s marital value. If you protected your business as separate property before getting married, they may still be able to claim that their efforts during the marriage increased your business’s profitability. That increased value may be subject to equitable distribution.

How do courts decide on property division?

In North Carolina, divorce courts aim to distribute property equitably. Equitable distribution can mean equal, but not always. Instead, equitable distribution seeks to divide property fairly, according to each spouse’s financial position and the facts of the case.

When determining what is equitable, judges consider multiple factors, such as the duration of the marriage, each spouse’s future earning capabilities, and each spouse’s contributions during the marriage, whether as a wage earner or homemaker. Judges will also evaluate how each spouse’s contributions have furthered the other’s education, vocational training, career, and earning power.

Not all courts follow the same equitable distribution rules as in North Carolina. In some states, such as California and Texas, courts follow community property laws. California generally requires an equal division of the community estate, while Texas requires a division that the court considers just and right.

How to protect yourself during a divorce

Some divorces are amicable, and spouses can work through settlement negotiations with help from their attorneys, eliminating the need for a property-division trial before a judge. Other spouses need more help and will have to rely on the courts to decide on property division. Whichever situation you are in, one of the best ways you can protect yourself is to hire an experienced lawyer to guide you.

An attorney can help you identify marital vs. separate property and build a case proving that any property you claim as separate actually is. Additionally, they could help you protect your content creation business, now and in the future.

When divorcing, you should also do the following to safeguard yourself, your finances, and your online presence:

• If your OnlyFans business is yours alone, change the passwords on your account and remove any permissions you have given to your spouse
• Change the passwords on other social media accounts, especially those that link to or promote your OnlyFans
• Change the passwords on your online banking or other financial accounts
• Consider closing or restricting joint credit cards after consulting your attorney
• Run a credit report(opens in new tab)

Understanding the divorce process

A divorce case begins when one spouse files for divorce in court. The filing spouse will need to provide the court with a complaint that states the facts of the case and why they are seeking to dissolve the marriage. They will also have to file several other documents.

Any claim for property division or alimony generally must be asserted before the divorce is final, or the unasserted claim is lost. If this happens, each spouse generally keeps assets titled in their name or in their possession, while jointly titled property remains jointly owned.

Contact an experienced North Carolina divorce attorney

Epperson Law Group, PLLC, is a dedicated family law firm. We serve North Carolinians from all walks of life, and we are here to help you protect your finances in a divorce, no matter where your income comes from. We know that matters surrounding divorce, property division, and child custody can be difficult and emotionally charged, and we are here to support you — without judgment.

Let us help you seek a divorce settlement that leaves you with the resources you need to start the next chapter. To learn more, contact us today. We assist clients in English, Spanish, and French.