Love Can Cost a Thing: The Legal Implications of Bennifer's Divorce
After their celebrated reunion, some twenty years after their initial split, everyone believed that Ben Affleck and Jennifer Lopez, or "Bennifer", finally had their fairy tale ending. This didn’t happen, unfortunately. Two years after their reunion, Lopez filed for divorce.
Divorces are common in Hollywood, but this story has a detail rarely heard among the rich and famous: there was no prenuptial agreement. The two may have thought that “love don’t cost a thing,” which may be true, but divorce does. In the absence of a prenup, state laws govern how they will have to pay for their divorce.
How Are Marital Assets Divided?
The two main systems for dividing marital assets adopted by states are “equitable distribution” and “community property.” Most states use equitable distribution, which is based on the premise that equitable does not mean equal but instead considers the spouses’ assets and needs.
In contrast, states with community property laws divide marital assets equally. California is a community property state, so this is the method of division that will apply to Lopez and Affleck’s divorce.
Who’s at Fault?
California, like all states, is a “no-fault” state. The grounds to request a divorce are either “irreconcilable differences” or “permanent legal incapacity to make decisions.”
Demonstrating misconduct by the spouse will not grant benefits in the distribution of assets. However, there may be an exception to this if one of the spouses had lost a large amount of money due to negligence. Infidelities, betrayals, or other unethical behaviors are not considered relevant.
She Filed for Divorce. Does This Affect the Outcome?
Generally, in California, it makes no difference who initiates the divorce. Petitioning for divorce could bring advantages, such as choosing the county or requesting restraining orders. However, the downside of being the one who files for divorce could be revealing your strategy, allowing the other spouse to know the arguments in advance and respond accordingly. Also, initiating a divorce can be more expensive than responding. The petition and the response can cost the same, but there’s an additional cost to serve the papers to the petitioner. Fortunately for Ben and Jennifer, this cost will not be a problem: Ben has a net worth of about 150 million, whereas hers is about 400 million.
How Are Income Discrepancies Addressed?
Considering that her net worth is considerably higher than his, this topic is worth addressing. As we mentioned, California is a community property state.
While it’s reported that her net worth is higher than his, a court will only consider income from the last two years — the duration of the marriage. Therefore, the total income earned by both parties during that period will be divided equally.
How Complicated Is Their Divorce?
A large amount of assets adds complexity to a divorce. Moreover, both Affleck and Lopez have been working — and earning — a lot during the two years they were married. Given the extensive and valuable assets involved, there is undoubtedly a significant amount to be divided, including a house valued at over 60 million dollars. The Beverly Hills mansion is already on the market.
On a positive note, since their marriage was short-lived, there shouldn’t be much accounting to do, although this is relative considering their high earnings.
Another aspect that will simplify the process is that they don’t have children in common, so there will be no custody agreements to craft: Affleck has three children with Jennifer Garner, and Lopez has two with Marc Anthony.
Regarding the likelihood of either party having to pay spousal support, it seems unlikely.
In California, courts don’t automatically award spousal support despite disparities in income. Each case is uniquely assessed to determine the necessity of support based on specific criteria. In the scenario involving Affleck and Lopez, both maintain a high standard of living, which they are likely to sustain independently post-separation. Additionally, each can continue their careers, and neither faces significant disparities in expenses related to health care or child custody. Also, the brief nature of their marriage further decreases the likelihood of spousal support being awarded.
Reports suggest that upon filing for divorce, Lopez did not seek spousal support and requested that Affleck be exempt as well.
A prenuptial agreement would have undoubtedly been beneficial in this situation. Consulting with a lawyer and crafting prenuptial agreements can clarify the division of assets in the event of a divorce, specifying which assets are individual rather than communal. This distinction is crucial to ensure assets are not split equally. Moreover, such agreements can outline additional provisions for spousal support and debt protection, further safeguarding the interests of both parties.
Lastly, Lopez filed for divorce without a lawyer. This could indicate several things: she may not anticipate the divorce being contentious, she might seek privacy, or she could want to resolve the matter immediately.
Related Resources
- 'Brangelina' Breakup Continues in Court over Château and Winery (FindLaw's Legally Weird)
- How to Navigate the Divorce Process (FindLaw's Learn About the Law)
- Five Estate Planning Moves To Make After Divorce (FindLaw's Law and Daily Life)