In the aftermath of the divorce filing heard around the world, we’re all collectively scratching our heads at the news that J-Lo and Ben divorced without a prenup. Additional details about the split are sparse, as both of their camps have been pretty quiet. So, we’re left to fill in a lot of the gaps here. However, celebrity divorce attorney Randall Kessler has provided some helpful insights into what motivated the couple to get hitched without a prenup. Read on to take a look at some of our best guesses and how a prenup could have prevented all of this confusion.
Theory #1: They have enough money to pay divorce attorneys, so they didn’t think they needed an attorney.
J-Lo and Ben are reportedly worth $400 million and $150 million, respectively. With those kinds of numbers on the scoreboard, Bennifer probably didn’t think twice about going the prenup route since they’re both more than able to afford top-notch representation.
Interestingly, however, J-Lo filed divorce paperwork “In Pro Per.” This means that J-Lo filed for divorce without an attorney and is acting as her own attorney (for now, at least). But, with more than enough funds to afford the best divorce attorney money could buy, why on earth would J-Lo file for divorce herself?
“There are few things that can shock me anymore. But somebody who has the resources to have a good lawyer—what about the one in a million chance that she made a mistake and signed something the wrong way? Checked the wrong box? I imagine she had good counsel. I imagine she talked to somebody and ran the documents by a very good lawyer before she did it herself. But then, celebrities are a unique breed, and maybe she wanted to make a statement that I’m going to do this. I’m independent. I don’t need a lawyer. It’s straightforward. The court will see it that I’ve got mine, he’s got his. But it definitely is a statement that I can do this myself. I don’t need a lawyer. I don’t need anybody. I’m independent.” – Randall M. Kessler, Esq., Founding Partner, Kessler & Solomiany, LLC
With a prenup, J-Lo and Ben could have included an Alternative Dispute Resolution (ADR) clause. With this kind of clause, a couple can agree that they will attempt to amicably resolve any potential conflicts (i.e., through mediation or arbitration) before proceeding with litigation. In J-Lo and Ben’s situation, this could have prevented a seemingly surprise divorce filing. And the good news is that it could do the same for you!
Theory #2: They wanted to “trust in their love.”
Frank Sinatra once sang, “Love is lovelier the second time around.” Given their decades-long relationship timeline, J-Lo and Ben clearly took this sentiment to heart! The couple, once affectionately known as “Bennifer,” famously rekindled their relationship in 2021, 20 years after their first breakup. J-Lo even memorialized their whirlwind reunion on her album, This Is Me…Now: A Love Story, alongside the documentary, The Greatest Love Story Never Told. The documentary’s title refers to old love letters that Ben wrote J-Lo over 20 years ago, where he refers to their romance as “the greatest love story never told.” (Gotta love a pair of hopeless romantics, right?) With this kind of outlook on their relationship, we can only assume that Bennifer didn’t think they’d ever even need a prenup.
Let’s face it, prenups are not the most traditional wedding planning to-do. But like J-Lo and Ben, what happens if you don’t wind up with that fairytale ending you expected? That’s exactly where having a prenup comes in handy. A prenup answers all of those “what ifs” before you even tie the knot so that you know exactly what to expect when the unexpected happens.
Theory #3: They didn’t want the prenup to leak and be worldwide news.
With such a high-profile relationship between two Hollywood A-Listers, it would only be a matter of time before the details of J.Lo and Ben’s prenup hit the World Wide Web. We all know that celebrity divorces are media fodder. It’s possible the pair didn’t want to risk having the details of their agreement unceremoniously leaked to the press or a celebrity blogger.
From a business perspective, the couple also may not have wanted the personal details of a split to impact their separate and joint projects. As Attorney Kessler explained:
“Sometimes their public image is much more important than whatever they get out of the divorce. Keeping things secret sometimes will help them get another movie deal rather than going through a nasty court divorce. So we’ve seen people do things, settle cases, resolve things, maybe for amounts they shouldn’t do because how they come out in the public may be more important than what they actually negotiate in a divorce.”
Attorney Kessler’s statement is right on the money (no pun intended), given the timing of the divorce filing and the couple’s upcoming projects. J.Lo and Ben are involved in separate ongoing projects, in addition to next month’s Toronto Film Festival premiere for “Unstoppable,” a film the pair worked on together prior to their breakup. As of now, neither J.Lo nor Ben has officially addressed the split. If the pair reunites at the festival for the first time since the divorce filing, talk about some awkward red-carpet moments.
Luckily for us regular folks, we won’t have to worry about our prenup details being leaked for all the world to see. In fact, you can always decide to include a Confidentiality Clause in your prenup. This means that both spouses would be prevented from revealing the details of your prenup to the public. So, even if you’re not a Hollywood A-Lister, this kind of clause can be useful for anyone who wants an added layer of privacy and protection for their prenup.
Theory #4: They don’t fully understand how prenups work.
It’s unclear if either J.Lo or Ben ever had prenups with their previous spouses. But we’re honestly grasping at straws here over why J.Lo would leave any portion of her $400 million net worth at risk without one.
Without a prenup, California’s default rules will determine how J.Lo and Ben’s community (marital) property will be divided if the couple can’t reach their own agreement. Why does this matter? California is a community property state. This means that the court will divide any assets acquired during the marriage equally (i.e., 50/50). This could also potentially include the appreciated value of any of J.Lo’s pre-marital assets. Basically, if anything J-Lo owned before marrying Ben increased in value, particularly due to marital efforts or funds, then the appreciated value may be considered community property that is subject to division by the court.
Spousal support awards are also at the court’s discretion when a couple doesn’t have a prenuptial agreement in place. A California court can take several factors into account when making a decision about spousal support, including the length of the marriage, the needs of each spouse, and the relative age, health, and income of the spouses (Cal Fam Code § 4320). Realistically, a court is unlikely to award support in J-Lo and Ben’s case as they’re both independently wealthy. However, because there is a disparity in their respective net worths, there’s always a chance that the court could require J-Lo to pay Ben some amount.
By now, you probably see where this is headed. All of this could have been avoided with a prenup! A prenup allows a couple to decide how they will divide their assets and debts and whether either spouse will be entitled to spousal support. It’s an easy way to get on the same page with your fiancé before you potentially reach a point in the future when you can’t.
The bottom line on why J.Lo didn’t get a prenup
We may never know the real motive behind J-Lo and Ben’s decision to forgo a prenup. We’ll just have to wait and see how things play out between the two. If all goes well, they’ll be able to reach a fair settlement and go their separate ways. But the reality is, there’s no guarantee that will happen without a prenup in place. Hopefully, you and your fiancé learn from J-Lo and Ben’s mistake, understand the importance of having a prenup, and take steps today to cover your ass(sets).
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