Reese Witherspoon and Ryan Phillippe were married in 1999 and divorced
in California in 2006 after sharing seven years of marriage and two children.
The couple did not have a pre-nuptial agreement. If they had been divorced
in Ontario, the following represents how their case may have been decided
and settled.
Children and Support
The couple worked and cared for the children throughout the marriage. Witherspoon
and Phillippe alternated their filming schedules, so at all times one
parent was with the children while the other was filming. They have a
history of working together and in the best interest of their children.
It is likely that the couple may be encouraged or ordered to share joint
custody. By sharing joint custody this means that the couple would share
the right to make decisions regarding the children’s religion, education
and medical treatment. It is also likely that the couple may have shared
physical custody of the children meaning that the children are with each
of the parents not less than 40 percent of the time over a year period.
If the couple do have a shared parenting situation, then it is likely
that Witherspoon (the higher earner or payor) would have to pay Phillippe
a “set-off” amount of child support. This means that each
parent would determine their guideline amount of child support and then
subtract the lower amount from the higher amount, and Witherspoon would
pay the difference to Phillippe.
Spousal Support
The couples both have respectable acting careers. However, Witherspoon
hails the greater income currently making approximately $15,000,000 per
movie in comparison to Phillippe’s average of around $600,000. Phillippe
would be entitled to claim
spousal support from Witherspoon. If Phillippe is granted spousal support, it would likely
be a relatively high amount but for a short duration. Considerations in
determining spousal support may include that the marriage was not very
long. Phillippe is young and has every opportunity to continue to have
a lucrative acting career and become self-sufficient.
Net Family Property
The couple was married more than five years, and both shared family responsibilities
more or less equally throughout the marriage. Neither spouse would have
an argument for an unequal distribution of the net family property. This
means that each of the spouses would have to account for all* the property
they acquired during the marriage. Each party would put together a financial
statement. The financial statements determine each spouse’s net
family property; and from these statements the amount that one spouse
may owe, the other is determined. In this case Phillippe’s lesser
net family property would be subtracted from Witherspoon’s greater
net family property. The amount left over would be divided by two and
would represent the “equalization payment” that Witherspoon
would pay to Phillippe.
* There are some exceptions to what is included in the net family property,
for example, certain gifts.