Jim Toth and Reese Witherspoon walking with linked arms

Celebrity

Do Reese Witherspoon and Jim Toth Have a Prenup? They Might Not

Reese Witherspoon and Jim Toth are divorcing after over a decade of marriage, and they might not have a prenuptial agreement. Here's what we know.

by Lauren Weiler

Published on March 24, 2023

2 min read

Reese Witherspoon and Jim Toth announced their divorce on Instagram

Jim Toth and Reese Witherspoon | Vincent Sandoval/FilmMagic

Reese Witherspoon and Jim Toth announced their divorce via Instagram on March 24, 2023. The couple wrote a joint statement that was posted to Witherspoon’s page.

“We have some personal news to share,” she and Toth posted. “It is with a great deal of care and consideration that we have made the difficult decision to divorce. We have enjoyed so many wonderful years together and are moving forward with deep love, kindness, and mutual respect for everything we have created together.” They continued by stating their biggest priority in this “next chapter” is their son and family.

“These matters are never easy and are extremely personal,” the couple wrote. “We truly appreciate everyone’s respect for our family’s privacy at this time.”

Do Reese Witherspoon and Jim Toth have a prenup?

So, do Reese Witherspoon and Jim Toth have a prenup? The couple has never publically discussed their financial situation. But given what an insider suggested, they might not have one.

An insider spoke to In Touch Weekly about the couple’s marital issues. The insider alleged that Witherspoon was nervous to get a divorce partly because of splitting assets. “The thought of splitting their combined $135 million fortune scares her too much to walk away,” the source said. With this in mind, it makes sense that Witherspoon and Toth might not have a prenup.

If the couple doesn’t have a prenup, there’s a lot at stake. Radar Online reported in November 2022 that Witherspoon bought a mansion in Nashville, Tennessee, for $18 million so that she and Toth could work on their relationship. Hello! reports she also has additional homes in Nashville and Brentwood, a neighborhood in Los Angeles.

Additionally, Witherspoon has an art collection she hoped her children would eventually inherit, according to the Daily Mail.

She didn’t have a prenup in her divorce from Ryan Phillippe

Reese Witherspoon and Ryan Phillippe lying on a couch together

Reese Witherspoon and Ryan Phillippe | Steve Granitz/WireImage

If Reese Witherspoon and Jim Toth don’t have a prenup, it wouldn’t be the first time Witherspoon made this decision. Witherspoon didn’t have a prenup with her first husband, Ryan Phillippe.

Witherspoon and Phillippe didn’t have a prenup in 2006, leaving Witherspoon’s $60 million fortune vulnerable at the time. “In this day and age, particularly if you’re the greater wage-earner, you ought to see a psychiatrist if you don’t get one,” divorce lawyer Raoul Felder told ABC News in light of Witherspoon’s first divorce. “Maybe they used to make the same money, but she’s outdistanced him and now he could get a big piece of her fortune.”

Either Witherspoon learned from her first marriage and got a prenup or she doesn’t believe she’ll ever benefit from one. Either way, a source told People her divorce from Toth is amicable. “They really are the best of friends and this is such an amicable decision,” the source shared. Even with no prenup, they should be able to fairly sort through their assets.

For more on the entertainment world and exclusive interviews, subscribe to Showbiz Cheat Sheet’s YouTube channel.