Ben Affleck & Jennifer Garner: The Nanny Scandal and a Long Goodbye
They announced separation in 2015 but did not finalize the divorce until 2018 — a strategic delay
Key Facts
What Happened
Ben Affleck and Jennifer Garner announced their separation in June 2015 — one day after their 10th wedding anniversary. The timing was not coincidental. Reports surfaced almost immediately about Affleck's relationship with the family's nanny, Christine Ouzounian, adding a tabloid dimension to what the couple attempted to frame as an amicable parting.
What made the Affleck-Garner divorce remarkable was its glacial pace. The couple did not formally file for divorce until April 2017 — nearly two years after announcing their separation. During that period, Affleck publicly struggled with alcoholism, entering rehab multiple times. Garner was photographed driving him to a treatment facility in 2018, underscoring the complexity of their relationship even after the split.
The couple adopted what some media called a 'conscious uncoupling' approach, prioritizing their three children — Violet, Seraphina, and Samuel. They did not hire dueling attorneys in the traditional sense. Instead, they used a private judge and mediation to negotiate terms. Neither party sought spousal support, and they agreed to share physical and legal custody equally.
The divorce was finalized in October 2018 without a formal trial or any public financial disclosures. Legal experts noted that the lengthy separation period likely helped both parties settle emotional issues before tackling legal ones, resulting in a far less contentious outcome than Affleck's tabloid troubles might have predicted.
Legal Breakdown: Separation Before Filing
Strategic Delay in Filing
Affleck and Garner waited nearly two years between separation and filing. In California, this is sometimes a deliberate strategy to let emotions cool, resolve personal issues (like addiction), and negotiate privately before entering the legal system. The downside is that assets acquired during separation may still be considered community property.
Private Judges and Confidentiality
California allows divorcing couples to hire a private judge (a retired judicial officer) to handle their case. This keeps all proceedings — financial disclosures, custody terms, and negotiations — completely private. For celebrities, this is invaluable.
No-Fault Does Not Mean No Consequences
California is a no-fault state, meaning Garner did not need to prove Affleck's infidelity or addiction. However, these factors can influence custody arrangements if a judge finds they affect the children's welfare.
What This Means for Your Divorce
- →A deliberate separation period before filing can reduce conflict and lead to better outcomes for everyone, especially children.
- →Using a private judge preserves confidentiality and gives you more control over the timeline than public court proceedings.
- →No-fault divorce does not mean bad behavior is ignored. Addiction and infidelity can still affect custody if children are impacted.
- →Sometimes the best legal strategy is patience. Rushing to file while emotions are raw often leads to worse settlements.
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This article is based on publicly available court records, news reports, and legal analysis. It is provided for educational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this content.
Divorce laws vary by jurisdiction. Always consult a licensed attorney in your area before making legal decisions.