Well, apparently, the “Greatest Love Story Never Told” won’t have that fairytale ending, after all. Jennifer “J-Lo” Lopez reportedly filed for divorce from Ben Affleck on August 20, 2024, two years to the date after the pair exchanged nuptials in a lavish Savannah, Georgia, wedding ceremony. But that’s not even the most shocking part of this story. Reportedly, J-Lo and Ben got married without a prenup. Yes, you read that correctly. With all the buzz surrounding the couple formerly known as “Bennifer,” it begs the question: What happens when you get a divorce without a prenup? (Spoiler alert: a tremendous amount of uncertainty). Keep reading to find out why and what you can do to avoid this possibility.
State law matters when you don’t have a prenup
A prenup (also referred to in some states as a “prenuptial agreement,” “premarital agreement,” or “antenuptial agreement”) allows you and your fiancé to decide how your assets and debts will be divided in the event of a divorce. Additionally, a prenup lets you decide how to handle spousal support (a.k.a. “alimony”). Without a prenup, your state’s default laws will make these decisions for you.
J-Lo filed divorce paperwork at the Los Angeles County Superior Court. She reportedly waived her right to request spousal support and has asked the court to deny spousal support for Ben. With a prenup, J-Lo and Ben could have easily agreed that both parties would waive their rights to request spousal support from the other. However, since J-Lo and Ben are reportedly divorcing without a prenup, California law will control, and a CA judge has the discretion to decide under the state laws.
Why does this matter? California law is one of nine community property states. This means that the court will divide all marital assets and debts straight down the middle (i.e., 50/50). This includes any income that either J-Lo or Ben acquired from their respective projects and endorsements (remember Ben’s series of hilarious Dunkin’ Donuts commercials?) during the course of their marriage.
Even if J-Lo and Ben were residents of one of the other 41 states that follow equitable distribution principles, the potential outcome isn’t necessarily that much better. If you divorce in an equitable distribution state without a prenup, the court divides your assets based on what is fair rather than an automatic 50/50 split. But what the court sees as fair may not align with your preferences.
Bottom line? The only way to override your state’s default laws during a divorce is by getting a prenup before you get hitched!
Your spouse’s debt could become your debt
J-Lo famously sang “Love Don’t Cost a Thing,” but if you don’t have a prenup, that’s not exactly true. In some states, you can be liable for debt that your spouse acquired during the marriage, whether you were aware of the transactions or not. For example, if your spouse is an avid Target shopper and racks up debt on their Target Circle credit card in a community property state, you could be responsible for half of that debt.
How a prenup can help: A prenup lets you specify how you and your spouse will divide any debt that is incurred during your marriage. Whatever you ultimately decide, a prenup allows you to be in control of your financial future.
You could have to share the appreciated value of any of your assets
Some people think they may not necessarily need a prenup if they don’t have many valuable assets or a high net worth like J-Lo and Ben at the time of the prenup. But the value of your assets today will likely increase over time. This appreciated value is also subject to division in a divorce if you don’t have a prenup.
For example, let’s say you’re a newbie to stock market trading before you get married. The total value of your investment might be a bit modest at the time you get hitched. However, throughout your marriage, that investment is bound to increase, especially if you stay consistent with your investing. Would you be willing to divide the appreciated value of your investment over the lifetime of your marriage? Without a prenup, your state’s default laws will divide the appreciated value of your investment between you and your spouse.
How a prenup can help: You can specify that you want the appreciation of your pre-marital assets to be treated as separate property. This overrides your state’s default laws and prevents your spouse from having a claim to any appreciation in value to your separate property.
You could lose your beloved pet
With Bennifer’s alleged eight dogs and one cat, they may be in a bit of a pickle over who gets to keep who. If you also have a fur baby, then you know better than anyone that your baby is more than just a pet—they’re part of the family. But unfortunately, the law doesn’t take the same stance. Most states still classify pets as property, which means that, yes, your four-legged best friend could be subject to property division by the court as well. Courts typically award pets to one party as they do not create or oversee pet custodial arrangements.
How a prenup can help: You can include a pet clause in your prenup that dictates ownership of current and future pets in the event of divorce. From responsibility for vet bills, boarding, daily walks, and feedings, you name it. Just remember to account for your daily schedules to reach a practical arrangement that works for everyone (including your furry friend)!
You may not be able to support yourself (or your children) financially
While this issue likely isn’t a problem for J.Lo and Ben (they’ve got plenty of cash to go around), it may apply to us regular Joes. For example, if you plan to forgo your career to support your spouse or children in the future, you’ll want to make sure you’re not left in a tough financial spot after a divorce. If you have children, you generally cannot include terms about child support in a prenup. However, you can indirectly make sure your children are provided for by making sure that you have enough money to financially support yourself after a divorce. Alternatively, if you ever become ill and cannot work, you’ll want to make sure that you’re able to remain financially self-sufficient after a divorce
How a prenup can help: You and your fiancé can agree to financial terms before you ever step foot inside a courtroom. That way, you’re both able to enter the marriage on the same page with clear financial expectations in the event that things don’t go as planned.
The bottom line on J.Lo and Ben’s divorce
Prenups provide predictability (try saying that 3 times fast). Without a prenup, you open the door to a lot of uncertainty… Just like Bennifer did this year. Your state’s default laws will make decisions about everything from property division to spousal support to who gets the family pet. While it remains to be seen how the J-Lo and Ben saga will play out in court, one thing’s for certain—a prenup could have already predicted the outcome for them. But instead…they chose the hard way. Best of luck to them! Make sure you plan ahead for your financial future by creating a prenup today. Future you will undoubtedly thank you!
Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: Nicole@Helloprenup.com
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