Ben and Jen and a marriage of “long Duration”
The celebrity world has been abuzz the last two weeks as a result of Jennifer Garner and Ben Affleck’s divorce announcement. While celebrity couples get married and divorced every day, the publicity surrounding this power couple’s divorce has been particularly great. This couple’s relationship lasted longer than most in the Hollywood arena and they generally seemed more relatable – translate that to likable – than the typical Hollywood couple. Perhaps this is why there has been an abundance of publicity surrounding their split.
Regardless of the reason for the publicity, one of the biggest questions on people’s minds following their announcement is how these two mega-stars are going to divide their assets. In addition to dividing their assets, the issue of spousal support is also sure to come up. The Hollywood Reporter cites the fact that the couple has ten years of marriage under their belt as a big issue when it comes to determining spousal support under California law – including whether or not there should be any awarded. Pursuant to California Code, a marriage of 10 years or more is deemed a lengthy marriage. In California, whether or not a marriage is deemed “lengthy” or not can impact a Judge’s decision regarding whether or not to award spousal support – and if it is awarded – how much should be awarded and for how long.
Unlike California, Virginia Code does not define what constitutes a “lengthy” marriage. In determining spousal support, courts in Virginia consider a number of circumstances and factors. The duration of the marriage is only one factor (out of many) a court will consider when determining the “nature, amount and duration” of an award. Va. Code Ann. § 20-107.1. Although Virginia does not go as far as California as to define what constitutes a lengthy marriage, the duration of the marriage is one of many factors courts in both states will consider when determining whether a spousal support award is appropriate.
http://www.hollywoodreporter.com/thr-esq/ben-affleck-jennifer-garner-divorce-806306