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Bennifer’s Pricey Parting: High-Net Worth Divorces Without Prenups

Posted in Divorce & Matrimony, on Aug 2024, By: Mark S. Gottlieb

It’s 2024, and Bennifer is splitting up again, this time with real consequences. The divorce of Ben Affleck and Jennifer Lopez has sparked quite a conversation in our office this morning, and although I don’t plan on becoming a gossip columnist, I wanted to provide some healthy speculation based on my 35+ years as a financial expert, often retained for divorce cases.

Understandably, there is nothing romantic about a prenup, but without one, all the earnings and assets made during their union may be considered community property. This situation highlights the importance of financial planning before marriage, especially for high-net-worth individuals.

Despite their relatively short marriage, both Lopez and Affleck have been incredibly active professionally. Affleck has starred in two films and produced two others, while Lopez has starred in four films herself. Not to mention the $68 million mansion they purchased jointly—a 12-bedroom and 24-bath property that now becomes a significant asset to be divided.

Before you ask, “Why wouldn’t they get a prenup?” or “Who the heck needs 24 bathrooms?” the real question should be: What’s two years of accrued assets for a couple with a mid-nine-figure net worth?

Although Lopez is considered the “monied spouse” in this scenario, with such high individual net worths, it is unlikely that these divorce proceedings would lead to any “nickel-and-diming.” This is especially true considering that she filed for divorce “pro se” (or “pro per”), meaning that she chose to represent herself initially.

Representing yourself as a pro se party in a divorce could indicate that there are no or minimal disagreements over financial and divorce-related issues, such as the division of marital property. It could also mean Lopez wanted full control over filing yesterday, their second wedding anniversary, and will retain counsel soon after.

Although this may appear to be a swift, quiet divorce, there may be unforeseen complications regarding their joint assets. Based on my experience as a financial expert in high-net-worth & complex divorces, it’s almost never as cut-and-dry as it appears to be. The intricacies of dividing substantial wealth, especially when it comes to jointly owned properties and earnings from recent professional endeavors, can be challenging to navigate, especially if you’re representing yourself.

Our firm is often engaged in business valuation, asset tracing, and lifestyle analysis for divorce cases, ensuring that all marital assets are properly identified and valued. We help clients understand the full financial picture, uncovering any hidden assets or income streams that might otherwise go unnoticed.

Give us a call at 646-661-3800 or book a meeting with us here to discuss your case with a team member.