Law Offices of David P. Schwarz Family Law Lawyer

Call Today: 949-296-4119

Aggressive defense of your rights in all matters relating to family law as well as criminal law

Ben Affleck and Jennifer Garner file for Divorce

by | Apr 13, 2017 | Child Support, Custody & Visitation, Divorce, Firm News

It finally has happened.   I guess some would say the inevitable.  But Ben Affleck and Jennifer Garner have finally called it quits after what appeared to be an on again off again relationship.  Jennifer Garner filed a Petition for Divorce.  She did not put an attorney on the Petition for Divorce which is unusual for a high profile couple.  Jennifer Garner and Ben affleck filed a Joint Petition for Divorce and both are seeking joint physical and legal custody of the three minor children. The couple separated June 30, 2015 almost two years ago.  It appeared from the public’s eye that the couple was trying to work things out for the children’s sake.

There is a big issue yet to be determined and that is spousal support.  Apparently Ben Affleck made much more money during the marriage than Jennifer Garner.  Therefore he will be obligated to pay Jennifer Garner either a lumps sum spousal support payment or monthly payments for a period of time yet to be determined.  In California a marriage over 10 years will garner life time spousal support payable by one spouse to the other.  In the case of Jennifer Garner and Ben Affleck there marriage was over 10 years so Jennifer Garner might be in for a substantial financial reward depending how she negotiates the divorce.

It also has been stated that she and Ben filed as their own lawyers which often takes away alot of animosity and litigation that having lawyers might cause. However, in the case of Ben and Jennifer they have approached the Divorce amicably and by filing as their own lawyers they are keeping up this amicable and calm approach to their divorce.  In addition, what is important to them has always been their children.  By both requesting joint legal and joint physical custody they both are invested in the best interest of their children.

Another issue that will be determined in addition to spousal support will be child support.  As stated before Ben made substantially more money than Jennifer during the marriage and thus she will receive child support from Ben once the divorce is settled.

Ben has made public statements that are truly positive comments about the co parenting of his children.  These positive comments about the children and about their mother are very beneficial to the mental health of the children. When parents can effectively co parent without attacking the other parent the children will benefit enormously from each parents positive reinforcement of the other parent.

Ben Affleck recently completed rehabilitation treatment for his alcohol addiction.  Shortly after he completed the treatment he began to see his children.  Jennifer Garner could have easily prevented the children from visiting their father because of his addiction issues which could be seen as a problem with parenting.  However, she showed great support and helped Ben with visiting his children once again.  These are all positive signs that both Ben and Jennifer have great parenting skills which is a good sign for the children and their future relationship with both parents.