Casey Affleck‘s wife of 9 years, Summer Phoenix, is filing for divorce, and according to her the split’s been a longtime coming.
Summer filed the divorce petition Monday in Los Angeles … citing irreconcilable differences. The couple has 2 sons — 13-year-old Indiana and 9-year-old Atticus. In the docs, she requests joint physical and legal custody of the boys. Joint physical custody means the couple will share equal time with the children and basically she is not fighting the time share. Legal custody deals with the decision making part of the custody arrangement. Both are important to the upbringing of the children.
In the docs, she lists their date of separation as November 2015 — although they didn’t announce the split until March 2016. Point is… things had long since been on the rocks when Casey won the Oscar for Best Actor earlier this year.
Summer is asking for spousal support and attorney fees. This part of the divorce could be a problem because Casey Affleck was probably the breadwinner in the marriage and she could get lifetime support if the marriage was over ten years in length in California. This is a big issue and is why sometimes and maybe in this marriage the date of separation is an important factor in determining spousal support. I would guess that Casey Affleck will fight the date of separation as it could lead him to pay a lot more spousal support. Summer does have a acting career and probably will not be asking for too much money as she is able to find employment on her own. The Courts often will order a spouse to find employment on their own. It is called a Gavron warning the Judge issues to the spouse receiving spousal support.
There had been swirling in the media Affleck’s prior bad behavior that may effect his custody arrangement. He was accused by Constance Wu of sexual harassment. He did settle some lawsuits prior to his Oscar win last year. However, the bad publicity did not effect his win nor his career. Often these type of problems with public figures do not effect their lives as with other people not in Hollywood. We will see his future unfold after his divorce and find out if he continues to avoid the effects of his alleged bad behavior.
I would think that Summer must have consulted her lawyer about this issue she changed her date of separation to March instead of November.
Phoenix was a child actor, working with agent Iris Burton along with her brothers and sister at the age of two, and went on to have guest roles in Murder She Wrote, Growing Pains, Swamp Thing and Airwolf. She appeared in the TV movie Kate’s Secret and in Russkies, playing the younger sister of real life brother Joaquin. Summer comes from a famous Hollywood family as did Affleck and has been in her share of movies.
In 2002, Phoenix starred in a three-month run of This is Our Youth at the Garrick Theatre alongside Matt Damon and Casey Affleck.