News & Commentary

Jason Biggs and Jenny Mollen Divorce After 18 Years: California Law Implications

Jason Biggs and Jenny Mollen announce amicable divorce after 18-year marriage. How California handles long-term marriage splits and child custody.

By Antonio G. Jimenez, Esq.California7 min read

Jason Biggs and Jenny Mollen End 18-Year Marriage in Amicable California Split

Actor Jason Biggs, best known for American Pie, and actress Jenny Mollen have announced their divorce after 18 years of marriage, according to TMZ. The couple, who share two children ages 12 and 8, describe the split as completely amicable with "zero drama," recently celebrating Biggs' birthday together as a family. Under California law, their 18-year marriage qualifies as a "long-term marriage" under Cal. Fam. Code § 4336, which carries significant implications for spousal support duration and property division.

Key Facts

DetailInformation
What happenedJason Biggs and Jenny Mollen announced divorce
Marriage duration18 years
ChildrenTwo sons, ages 12 and 8
Nature of splitDescribed as "completely amicable" with "zero drama"
Key California statuteCal. Fam. Code § 4336 (long-term marriage)
Practical impactPotential indefinite spousal support, 50/50 property division

Why This Matters Legally

California treats marriages lasting 10 years or longer as "long-term marriages" with special protections under Cal. Fam. Code § 4336. At 18 years, the Biggs-Mollen marriage falls squarely within this category, which means the court retains indefinite jurisdiction over spousal support rather than applying the standard guideline of support lasting half the length of shorter marriages.

For marriages under 10 years, California courts typically award spousal support for approximately 50% of the marriage duration. A 6-year marriage might result in 3 years of support. However, once a couple crosses the 10-year threshold, those guidelines disappear. The court can order support for any duration it deems appropriate, including permanently.

This distinction matters enormously for high-earning entertainment industry couples. Both Biggs and Mollen have established acting careers, which complicates the traditional higher-earner/lower-earner dynamic that typically drives spousal support calculations. Under Cal. Fam. Code § 4320, courts must weigh 14 different factors when setting support, including each spouse's earning capacity, marketable skills, and contributions to the other's career.

The couple's public statement emphasizing their amicable relationship suggests they may pursue a mediated settlement rather than litigation. According to the California Courts, mediated divorces typically resolve 40-60% faster than contested cases and cost an average of $5,000-$15,000 compared to $30,000-$100,000+ for litigated divorces.

How California Law Handles Long-Term Marriage Divorces

California operates as a community property state under Cal. Fam. Code § 760, meaning all assets and debts acquired during the 18-year marriage are presumed to be owned equally by both spouses. This includes income earned by either party, real estate purchased together or separately during the marriage, retirement accounts accumulated during marriage, and even residuals from acting work performed during the marriage.

The equal division requirement means entertainment residuals present unique complications. Biggs continues to earn residuals from American Pie and other projects filmed during the marriage. Under California law, the community interest in those residuals must be calculated and divided, often requiring forensic accountants who specialize in entertainment industry divorces. The Wolfe-Radebold formula, developed specifically for California entertainment divorces, helps courts determine how to apportion ongoing royalty streams between community and separate property.

For child custody, California prioritizes the "best interests of the child" standard under Cal. Fam. Code § 3011. The court considers factors including the health, safety, and welfare of each child, any history of abuse, the nature and amount of contact with both parents, and each child's ties to home, school, and community.

With children ages 12 and 8, California law gives weight to the older child's preferences. Under Cal. Fam. Code § 3042, courts must consider a child's wishes if they are of sufficient age and capacity, typically around age 14, though children as young as 12 may have their preferences heard in chambers.

What "Amicable" Actually Means in California Divorce

The Biggs-Mollen statement describing their split as having "zero drama" signals they likely intend to file using California's summary dissolution or uncontested divorce procedures. California offers three primary pathways for ending a marriage.

Summary dissolution under Cal. Fam. Code § 2400 provides the fastest route but requires couples to meet strict criteria: married less than 5 years, no children, limited assets under $47,000 (excluding vehicles), no real estate, and both parties waive spousal support. The Biggs-Mollen situation clearly does not qualify due to the 18-year duration and two children.

Uncontested divorce allows couples who agree on all terms to submit a marital settlement agreement (MSA) to the court for approval. The filing fee in California is $435 per party as of 2024, and the minimum processing time is 6 months from the date of filing due to the mandatory waiting period under Cal. Fam. Code § 2339.

Contested divorce involves litigation when parties cannot agree. Average contested divorce costs in Los Angeles County range from $50,000 to $250,000+ for high-net-worth couples, with cases sometimes extending 18-24 months beyond the initial filing.

The couple's public emphasis on remaining "on great terms" and celebrating family events together suggests they have either already reached a settlement agreement or are confident they will through mediation. California courts strongly encourage mediation, and some counties require it before scheduling trial dates.

Practical Takeaways for California Couples

  1. Long-term marriage classification triggers at 10 years, giving courts indefinite jurisdiction over spousal support. Couples approaching this milestone should understand how it affects potential divorce outcomes.

  2. Community property division applies to all earnings during marriage, including entertainment residuals, stock options that vest during marriage, and retirement account contributions. Get a clear accounting before negotiations begin.

  3. California's mandatory 6-month waiting period starts when the respondent is served, not when papers are filed. Even completely amicable divorces cannot finalize faster than 6 months.

  4. Child custody arrangements focusing on co-parenting consistency help children adjust. California courts favor arrangements where both parents remain actively involved, as the Biggs-Mollen family's joint birthday celebration demonstrates.

  5. Mediation typically costs 60-80% less than litigation and allows couples to maintain control over outcomes rather than leaving decisions to a judge who has limited time to understand family dynamics.

Frequently Asked Questions

What makes a marriage "long-term" in California?

California defines a long-term marriage as one lasting 10 years or longer under Cal. Fam. Code § 4336. This classification gives courts indefinite jurisdiction to order spousal support, whereas marriages under 10 years typically result in support lasting approximately half the marriage duration. The 10-year mark is a bright-line rule with no exceptions.

How does California divide assets in an 18-year marriage?

California divides community property 50/50 under Cal. Fam. Code § 760, regardless of marriage length. In an 18-year marriage, this includes all income earned, property purchased, retirement contributions made, and debts accumulated during the marriage. Separate property (assets owned before marriage or received as gifts/inheritance) remains with the original owner.

Can parents share 50/50 custody in California?

Yes, California courts frequently award 50/50 custody arrangements when both parents are fit and it serves the children's best interests under Cal. Fam. Code § 3011. Approximately 35% of California custody orders result in equal time-sharing as of 2024. Courts consider each parent's work schedule, proximity to schools, and the children's established routines.

How long does an uncontested California divorce take?

An uncontested California divorce takes a minimum of 6 months due to the mandatory waiting period under Cal. Fam. Code § 2339. This clock starts when the respondent is served with divorce papers, not when papers are filed. Most uncontested divorces finalize within 6-9 months if paperwork is properly completed.

Do actors have to split residuals in California divorce?

Yes, residuals earned from work performed during the marriage are community property in California. Courts use the Wolfe-Radebold formula to calculate what portion of ongoing residual payments belongs to the community versus separate property. This calculation considers when the work was performed relative to the marriage dates.


This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.

Key Questions

What makes a marriage "long-term" in California?

California defines a long-term marriage as one lasting 10 years or longer under Cal. Fam. Code § 4336. This classification gives courts indefinite jurisdiction to order spousal support, whereas marriages under 10 years typically result in support lasting approximately half the marriage duration. The 10-year mark is a bright-line rule with no exceptions.

How does California divide assets in an 18-year marriage?

California divides community property 50/50 under Cal. Fam. Code § 760, regardless of marriage length. In an 18-year marriage, this includes all income earned, property purchased, retirement contributions made, and debts accumulated during the marriage. Separate property remains with the original owner.

Can parents share 50/50 custody in California?

Yes, California courts frequently award 50/50 custody arrangements when both parents are fit and it serves the children's best interests under Cal. Fam. Code § 3011. Approximately 35% of California custody orders result in equal time-sharing as of 2024. Courts consider work schedules, school proximity, and established routines.

How long does an uncontested California divorce take?

An uncontested California divorce takes a minimum of 6 months due to the mandatory waiting period under Cal. Fam. Code § 2339. This clock starts when the respondent is served with divorce papers, not when papers are filed. Most uncontested divorces finalize within 6-9 months if paperwork is properly completed.

Do actors have to split residuals in California divorce?

Yes, residuals earned from work performed during the marriage are community property in California. Courts use the Wolfe-Radebold formula to calculate what portion of ongoing residual payments belongs to the community versus separate property. This considers when the work was performed relative to marriage dates.

Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering California divorce law