Divorce Attorneys Weigh in on What Happens Next for Jennifer Lopez and Ben Affleck

Not having a prenup complicates the process.

After months of speculation that Jennifer Lopez and Ben Affleck were experiencing marital troubles, they have officially called it quits—again. Lopez filed for divorce on her own at the Los Angeles County Superior Court on August 20, 2024, the second anniversary of their wedding ceremony in Georgia. However, they have been broken up for way longer, as Lopez cited April 26, 2024, as their date of separation. This isn’t the first time the star couple has split. They famously called off their engagement in 2004 after dating for two years.

However, this time around, things are more complicated for the two, since they were legally married. InStyle spoke to two divorce attorneys, Jacqueline Newman of Berkman Bottger Newman & Schein and Kelly Shindell DeLacey of DeLacey, Riebel & Shindell LLP, to break down the legalities of Bennifer 2.0’s divorce and what comes next.

Why did Jennifer Lopez file for no spousal support?

In her divorce papers, Lopez requested the judge waive spousal support for both herself and Affleck. DeLacey explained that often in high net worth cases, and as is possible here, the parties are not candidates for spousal support either because the individuals’ earnings are significant enough or there’s not much of a difference between each parties' earnings.

There are many different spousal support laws in California, however. For marriages of 10 years or less, there is a presumption that spousal support would be issued for half the length of the marriage to stay at the marital standard of living (which Affleck could argue for). There are also specifics that provide for when there’s no children, the marriage is short, and the parties can meet their standard of living with their own separate property.

Why did Jennifer Lopez file for divorce without a lawyer?

In California, filing a divorce by yourself is called filing pro per (propria persona). It requires that an individual fill out a multi-page form called a Petition for Dissolution, which gives the court the authority and jurisdiction to make decisions and enter any sort of settlement on behalf of the individual, their spouse, and their properties.

“She filed on their two-year anniversary,” Newman said. “I would guess that they still were trying to negotiate [the divorce], and something emotionally triggered her that she wanted to file and wasn't willing to continue waiting until they settled things…people only file on Valentine's Day or anniversaries or birthdays when they want to make a statement.”

However, DeLacey explained it’s not common for individuals with complicated assets to file on their own, because California is “very form-heavy.”

“She has an estate that would suggest that there are some nuances to the financial setup that would require some level of sophistication,” DeLacey said.

DeLacey added that, generally, individuals consult an expert when filling out the disclosure of finances to confirm assets are being accurately listed and valued.

“Typically, people engage a lawyer to assist them. I would be speculating, of course, but this was a very short marriage,” DeLacey said. “They both have their own separate estates, and they do not share children. She may feel that doing this is a little bit less intimidating or litigious. She wants to keep it simple.”

Newman agreed. She found the lack of a lawyer “peculiar,” though she assumes Lopez will hire an attorney.

“My guess is that either one of two things, either she hasn't officially hired an attorney, which would be a little surprising, but it's possible, [or] she might not have wanted to give as much attention to the whole situation," Newman said. "By filing on her own, no one's calling any lawyers, no one's asking for comments—she's keeping it much more contained.”

Why didn’t Jennifer Lopez and Ben Affleck sign a prenup?

It was revealed that Lopez and Affleck do not have a prenuptial agreement. Newman said that this came as a surprise, as it’s rare for high-profile clients to forego a prenup.

“If I had a guess as to why they did it, I hate to sound naive in this in some way, but it could just be the romantic idea that this isn't about money,” Newman said. “Maybe it was an element of commitment for both of them.”

Newman said another possibility for forgoing a prenup is if they put their assets in trusts.

What does the divorce process look like without a prenup?

California governs by community property laws, which basically says that anything a couple acquires during their marital period—for Bennifer, it's July 16, 2022, to April 26, 2024—is shared, and must be split 50/50 in the event of a divorce. These assets can be anything, from houses to debts to intellectual property. The only exceptions are inheritances and outside gifts given directly to one of the parties.

DeLacey says the concept of community property is not unique to California, but notes the state has “very particular rules that we have to apply.” That's why in high-profile divorces, they enlist a forensic accountant to ensure things are accurate.

The lack of a prenup complicates the divorce (if they had an agreement, the distribution of assets would have been decided and clearly stated) and opens up possible points of contention. However, being a short-term marriage, the assets are likely narrow.

Whether or not that's the case, DeLacey says what could make things tricky is if they’re dealing with complicated finances and income streams, illiquid assets, and intellectual property—essentially, assets that are hard to value. Lopez and Affleck’s portfolio includes interest in restaurants, a startup company (Artists Equity), a Beverly Hills mansion, and more. DeLacey adds that this divorce isn’t just dealing with cash in a bank account.

“Hopefully, it's not going to be something that really has them dragging through the courts for a long time,” DeLacey said.

Why did Jennifer Lopez file a financial information sheet?

Lopez submitted a financial information sheet along with her divorce papers. DeLacey said that she imagines Lopez’s was a high-level statement of her assets and liabilities. However, in her experience, high net worth clients tend to have assets that are more complicated than are able to be listed on a simple form.

She continued, saying oftentimes divorce filings don’t include a substantive financial sheet, though the state requires disclosures to yourself as part of the dissolution process. Typically, a party has 60 days from the date of filing and serving the petition to complete a preliminary declaration of disclosure. This declaration includes a set of forms that outline the incomes, expenses, assets, and liabilities of the parties.

She added it is common for high net worth clients to work with a forensic accountant to ensure accurate listings and valuations, as the parties are signing the agreement under penalty of perjury.

DeLacey explained financial information forms are also filed in the event the other party doesn’t respond after being served. This form helps determine a default, meaning courts can divide assets or assign a separate property to each party.

Will Jennifer Lopez and Ben Affleck have custody or co-parenting agreements?

Lopez and Affleck have become a close, blended family. However, custody or co-parenting agreements are not relevant in this divorce, as they don’t share biological or adopted children. Any time with each other’s children will be mutual, non-legal agreements.

So, what comes next in Jennifer Lopez and Ben Affleck's divorce process?

DeLacey said that from here, Lopez and Affleck’s divorce is a matter of valuation and distribution of community assets and more paperwork. Now that Lopez filed divorce papers, Affleck has a certain number of days to submit a response (which looks practically identical to the original forms). On these forms, he can request or waive spousal support.

Newman thinks they will continue through the divorce process privately.

“It would be very surprising to me if they put this into the courts. I think what's going to end up happening is they'll either hire a private judge, they may do a mediation process, they need collaborative law, but they're going to settle this,” Newman said. “We're not dealing with a custody arrangement, we're dealing with money. And when it comes to money—they both have a lot of it, and I like to think that they could basically resolve this in a way that does not put their family and their reputations through a court system.”

Will Jennifer Lopez and Ben Affleck issue a statement?

Newman believes there is a public statement pending from the couple, though it may take longer than she originally thought, as statements of this nature are discussed and carefully crafted.

“When you're dealing with people that are in the public eye, it usually is part of the negotiation to figure out what the statement to the public is going to be…people can spend a long time fighting about that, too,” Newman explained.

However, based on the way Lopez has gone about it, DeLacey speculates this will be a relatively smooth process.

“If she had lawyered up with a super-aggressive lawyer, sometimes, that can be impactful. She didn't do that. I think there's a good to fair chance that they're going to be able to work it out, and it will be very quick, and hopefully for both them and their families, it will be painless,” DeLacey said.

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