Jennifer Lopez and Ben Affleck: A Family Law Perspective

Jennifer Lopez and Ben Affleck: A Family Law Perspective

Jennifer Lopez, age 55, and Ben Affleck, age 52, two of Hollywood’s most iconic stars, rekindled their romance in recent years and tied the knot on July 16, 2022, in Las Vegas.

Jennifer Lopez, age 55, and Ben Affleck, age 52, two of Hollywood’s most iconic stars, rekindled their romance in recent years and tied the knot on July 16, 2022, in Las Vegas. Later, on August 20, 2022, they had a large ceremony in Georgia to celebrate with family and friends.

However, this second shot at love was short-lived as Jennifer filed for divorce in Los Angeles County Superior Court two years later on August 20, 2024.

The Petition for Dissolution of Marriage was allegedly filed by Jennifer as a pro-se litigant. The Petition for Dissolution of Marriage allegedly also listed her date of separation as April 26, 2024. It is speculated by media sources that Jennifer and Ben did not enter into a premarital agreement because Jennifer’s Petition for Dissolution of Marriage did not make mention of any premarital agreement. Instead,

Jennifer’s Petition for Dissolution of Marriage states that the exact nature and extent of their separate property assets and obligations and community property assets and obligations are unknown and will be determined.

While celebrity breakups often grab headlines, it is interesting to consider what may happen during their divorce, especially if there was no premarital agreement in place. Below is a breakdown of what could happen as it relates to Jennifer’s and Ben’s divorce in California specifically with the facts and circumstances of their case.

What is a Pro-Se Litigant?

A pro-se litigant is an individual who is representing himself or herself in a civil court action. Another term used to refer to a pro-se litigant is a self-represented litigant.

Since Jennifer filed her Petition for Dissolution of Marriage as a pro-se litigant, she was representing herself at the time she filed.  Does this mean that Jennifer will represent herself throughout her entire divorce? Likely not, with the assets at stake. A self-represented litigant may choose at any time to hire an attorney to represent them in Court and it is best practice to have a knowledgeable family law attorney representing you throughout your divorce proceedings.

If you or someone you know is in need of legal assistance regarding a divorce, don’t hesitate to reach out to us as it is better to have counsel to assist rather than navigating this difficult process on your own.

Community Property Law in California

California is a community property state, meaning that any assets or debts acquired during the marriage, other than through gift, bequest, devise, or inheritance are generally considered to be community property and are generally divided equally.  This is critical for a couple like Jennifer and Ben, who have amassed substantial wealth from their respective careers and acquired assets during marriage.

Jennifer and Ben purchased their Beverly Hills 38,000 square foot home for $60,805,000 in May 2023. This home was subsequently listed for sale for $68,000,000 in July 2024. Depending on the source of the funds used to purchase this property and the deed to this property, the proceeds from the sale of this property are likely going to be divided equally between Jennifer and Ben.

Also, during marriage, both parties continued to flourish in their careers.

According to People Magazine, Jennifer Lopez launched a low-calorie alcohol line in 2023 called Delola. Jennifer also starred in numerous films including Shotgun Wedding, the Mother and Atlas, This Is Me… Now: A Love Story and The Greatest Love Story Never Told, which was produced by Ben’s production company, Artists Equity.

In February 2024, prior to the date she states is the date of separation, she released her album This Is Me… Now she had a summer tour scheduled, but later cancelled her tour. Jennifer is also a brand ambassador for various companies, which she did during marriage.

According to People Magazine, Ben also was involved in various business endeavours that likely fell during the time of marriage. In 2022, Ben Affleck founded a production company with Matt Damon called Artists Equity in which he produced Jennifer’s documentary The Greatest Love Story Never Told, as well as Air and the Instigators. This company is also responsible for producing Ben’s Dunkin Donuts commercials in 2023 and 2024.

Under California law if there is no premarital agreement in place, any income earned and assets acquired during the marriage would likely be split 50/50. This includes, but is not limited to:

  • Earnings and royalties from movies, albums, endorsements, commercials, and businesses.
  • Properties and assets purchased during the marriage.
  • Any debts accumulated while they were married.

However, assets and properties owned by either party before the marriage, which are also likely substantial for both as they were established in their careers prior to marriage, are typically considered separate property and remain with the original owner unless the property has been commingled or used for the couple’s joint benefit during marriage.

Would a Premarital Agreement Have Assisted Ben and Jennifer in Their Divorce?

Very likely yes. In many celebrity marriages, a premarital agreement plays a crucial role in dividing assets and debts. It’s common for high-net-worth couples to have one.

A premarital agreement can stipulate:

  • The division of specific assets.
  • Protection of business interests.
  • How spousal support will be handled in the event of a divorce.

If a valid premarital agreement exists, the terms would largely dictate how their assets are divided, overriding California’s default community property laws. However, a Court can still review a prenup to ensure it’s enforceable, and the agreement could be challenged if it’s deemed unfair or if one party signed it under duress, fraud, or other requirements were not met.

If you are getting married and are interested in obtaining a premarital agreement schedule an appointment with the attorneys at Happ Law Group P.C. to discuss your options.

Spousal Support

California courts may also address spousal support, commonly referred to in other states as alimony, in a divorce.

For a couple like Lopez and Affleck, where both are financially independent and extremely wealthy, alimony may not be a significant issue. This appears to be the case because in Jennifer’s Petition for Dissolution of Marriage, she requested no spousal support for either party.

However, in some cases where one party is not financially independent or is not living to the marital standard of living, the Courts may award spousal support and will consider factors like:

  • The length of the marriage.
  • The standard of living during the marriage.
  • The earning capacity of both parties.

Since Jennifer and Ben are both financially successful and self-sufficient, spousal support may not play a major role in their divorce. But in other cases where one party earns significantly less, spousal support could be a more contentious issue.

Attorney’s Fees and Costs:

In California, a party going through a divorce may request the other party make a contribution to their attorney’s fees and costs. Generally, the Court’s will look at one spouse’s ability to pay, the other spouse’s need for a contribution to their attorney’s fees and costs, and the reasonableness of the attorney’s fees and costs incurred.

Jennifer’s Petition for Dissolution of Marriage requested each party pay their own attorney’s fees and costs, which may but also may not be the case in this high-profile divorce. We would need more information regarding each individual’s current income and assets.

Child Custody, Child Visitation and Child Support

Jennifer and Ben did not have children together. They have children from previous relationships and share a blended family. As such, child custody, child visitation, and child support will likely not be at issue in Jennifer’s and Ben’s divorce.

Privacy Concerns in High-Profile Divorces

Given the couple’s celebrity status, a high-profile divorce would attract intense media scrutiny. California courts can grant confidentiality agreements or seal divorce records to protect the parties’ privacy. For a couple like Lopez and Affleck, shielding personal and financial information from public view would likely be a priority.

Another way to keep their business out of the public eye may be to attend mediation to resolve their issues outside of Court. Mediation can help keep the process private, quicker, and less expensive.

Jennifer and Ben, if seeking an amicable split, might prefer to resolve their divorce through mediation, which could also help maintain their public image. Mediation allows both parties to work together with a neutral mediator to reach agreements on asset and debt division, spousal support, and attorney’s fees and costs without a courtroom battle.

Conclusion

While no one can predict the future of any couple’s relationship, a hypothetical divorce between Jennifer Lopez and Ben Affleck in California would involve navigating the state’s community property laws, potential prenuptial agreements, and issues like spousal and attorney’s fees.

Given their financial independence and public profiles, they would likely seek a quick and private resolution through mediation or other non-litigious methods.

Divorce, whether for celebrities or everyday people, can be complex, but California’s legal framework aims to create a fair resolution for both parties involved. For those facing a high-net-worth divorce or simply curious about how celebrity breakups are handled, understanding the nuances of California family law is essential.

If you require assistance with your divorce, come talk to the attorneys at Happ Law Group P.C. to see if we can assist you.

FAQs

What is a premarital agreement?

A premarital agreement is an agreement between prospective spouses made in contemplation of their marriage to be effective upon their marriage. Generally, parties enter into a premarital agreement to establish the division of their assets and debts, to waive or establish the terms regarding spousal support, and to determine other issues that may be subject to their dissolution of marriage.

Why is it important to have an attorney in my divorce case?

Divorce laws are complex and vary from state to state. A knowledgeable attorney understands the intricacies of the legal framework and can navigate the system efficiently and cost effectively. An attorney is your ally who can help assist in protecting your interests and help make the best decisions and take the best positions for your case.

What is community property in California?

California is a community property state, meaning that any assets or debts acquired during the marriage, other than through gift, bequest, devise, or inheritance are generally considered to be community property and are generally divided equally.

DISCLAIMER: This information is made available by Happ Law Group P.C. for educational purposes only as well as to provide general information and a general understanding of California law, not to provide specific legal advice. If you are in need of advice about your specific situation, you should consult with a California family law attorney.