Jennifer Lopez and Ben Affleck, who have both endured high-profile public divorces in the past, seem … [+]
Contributing authors: Marilyn Chinitz and Morgan Fraser Mouchette
After months of speculation from the media and public, it’s official: Bennifer 2.0 is headed for divorce. It’s no secret that pop star and actress Jennifer Lopez (famously known as “J.Lo”) and Academy Award-winning actor Ben Affleck have had a complex history – from their called-off engagement back in 2004 to their rekindled relationship in 2021, the infamous duo has been a topic of media attention for more than two decades. But on August 20, 2024, exactly two years to the date from their Savannah, Georgia wedding ceremony, Lopez filed for divorce from Affleck in the Los Angeles County Superior Court without using a lawyer, a move that indicates urgency to move forward on her part. Now that the divorce rumors have become reality, here’s a look at what the couple did right.
After dating and breaking off their first engagement in the early aughts, Jennifer Lopez and Ben … [+]
They Didn’t Use The Media As A Weapon.
The end of a marriage is a stressful, emotionally-fraught time for anyone, regardless of celebrity or socioeconomic status. For public figures and ultra-high-net-worth individuals, the added pressure of being under an international microscope can take a significant toll on the couple and their families. The media carries great weight in shifting and even manipulating the public’s perception of both parties.
For this reason, quickly releasing a carefully-worded joint statement has become a popular choice amongst high-profile couples looking to present a united front and shut down media speculation. But silence is another way to avoid a public showdown, as we’ve witnessed with Lopez and Affleck. Both have previously endured high-profile public divorces – Lopez with Marc Anthony in 2014 and Affleck with Jennifer Garner in 2018 – and may have been staying quiet so as not to fuel the media fire. At the time of this article, neither party has released a statement about their official separation.
In hindsight, it’s likely that Lopez and Affleck were taking this approach throughout the many months that led up to their divorce filing. The couple were not spotted together on their second legal wedding anniversary in July, or at Lopez’s 55th birthday shortly thereafter, which only fed the flames, but no comments came from either side. Indeed, Lopez listed the date of their separation as April 26, right before divorce rumors began to swirl in early May, which demonstrates their commitment to not disparaging each other in the press.
They Have Likely Already Reached A Settlement Through Mediation.
The use of a mediator, a neutral third party tasked with resolving matters fairly, is a common choice for celebrity couples who are looking to streamline a separation and resolve things in an equitable and private manner. These days many celebs also utilize private judges for the same reason, to protect whatever remaining privacy they have left and to shield loved ones from unpleasant court proceedings. Given that both Lopez and Affleck have been divorced before, and taking into account the fact that Lopez filed for divorce without representation from an attorney, it’s very likely the couple has been working with a mediator since their separation in April to ensure the process went smoothly.
While the divorce filing did not mention a prenuptial agreement between Lopez and Affleck, given their fairly short marriage, any joint assets acquired in the last two years (such as profits made on the sale of their $60 million home) will almost certainly be split evenly. Their respective royalties and earnings will also likely be fairly straightforward. Whether or not a prenup existed, if Lopez obtained a settlement during the mediation proceedings, it would be unnecessary to mention the agreement in the filing. But because the two are very successful in their own right, it is possible that they will not be vying for each other’s assets and wealth in the future.
Jennifer Lopez and Ben Affleck have five children – Lopez’s 16-year-old twins with ex-husband Marc … [+]
They Have Remained Careful and Considerate Of Their Blended Families.
Altogether, Lopez and Affleck have five children – Lopez’s 16-year-old twins with ex-husband Anthony, and Affleck’s 18, 15, and 12-year-old children with Garner. Throughout the decades, both sets of parents have made a noticeable effort to keep their children out of the public eye and protect them from the negativity that can come with fame. Lopez and Affleck undoubtedly want to continue protecting all of their children from emotional turmoil and any media backlash, which further supports their desire for privacy and secrecy throughout this process.
In the same vein, the sensitivity they feel toward their children could have factored into the legal specifics at play in this divorce. Some divorce settlements contain confidentiality agreements and/or non-disparagement clauses to legally prohibit either party from making negative statements or remarks about the other whether in person or on public social media platforms.
It doesn’t look like the third time will be the charm for the love story between Jennifer Lopez and Ben Affleck, but one thing is certain, the pair has done divorce right. Their discreet and cautious approach is one all couples can learn from.
Marilyn Chinitz is a Partner at Blank Rome with 35 years of experience in every facet of family law. She is known for representing A-List celebrities and influential, high-profile clients in cases that have received national and international attention.
Morgan Fraser Mouchette, Partner in the New York City office of Blank Rome, handles complex matrimonial matters for high-net-worth and high-profile clients. She provides individuals and families with tailored and strategic support to navigate and move on from life’s most difficult outcomes, including divorce.
