Reese Witherspoon Confirms Pre-nuptial Agreement as She Files for Divorce From Jim Toth | “Difficult Decision”

"Our biggest priority is our son and our entire family as we navigate this next chapter," the couple shared in a joint statement.

Cover Image Source: Getty Images | Michael Buckner

By Suchitra B

April 3, 2023

Posted April 3, 2023

Reese Witherspoon has begun divorce proceedings, days after announcing her separation from Jim Toth. The Academy Award winner, 47, cited "irreconcilable differences" as the basis for their divorce when she filed on Saturday, April 1, in the Circuit Court of Davidson County, Tennessee, according to court papers acquired by PEOPLE.

Witherspoon's paperwork states that the pair separated on the date of the filing and had a pre-nuptial agreement in effect which was signed in March 2011. The documents also stated that the agreement is valid, providing "adequate and sufficient provisions" for their assets and debts, per TMZ. She also requested that both she and Toth be given shared custody of their 10-year-old boy, Tennessee James.

Image Source: Getty Images | Alexandra Wyman

Days before their 12th wedding anniversary, Witherspoon and the CAA talent agent jointly revealed their divorce on Instagram on March 25. "We have some personal news to share..." they began. "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."

Witherspoon is mom to Tennessee, and also Ava, 23, and Deacon, 19, her two children from her previous marriage to Ryan Phillippe. "Our biggest priority is our son and our entire family as we navigate this next chapter. These matters are never easy and are extremely personal. We truly appreciate everyone's respect for our family's privacy at this time," the pair added, per PEOPLE.

The two "are the best of friends," and the divorce was completely amicable, per a source's statement to PEOPLE. "This is such an amicable decision. They are so committed to co-parenting together. They are invested in their whole family and making this as smooth as possible for everyone," the source revealed. A different insider told PEOPLE that while Toth is the "laid-back" one in their partnership, Witherspoon is very "headstrong and focused." The insider revealed that the couple has recently "been spending less and less time together while she was working."

In December 2010, Witherspoon and Toth first revealed their engagement. They subsequently got married to each other in March 2011. In an interview with Elle, she shared that the first time she met him, she thought he was a "really good person" as he helped her avoid an uncomfortable situation.

"It happened out of the blue," she said at the time. "This really drunk guy was hitting on me, making such an idiot of himself, yelling at me. He was, like, [slurring, scowling, pointing finger in her face] 'You don't know me.' And I was like, 'Yeah, I know. I don't know you!' Jim came over and said, 'Please excuse my friend. He's just broken up with someone.' Jim was a really good friend, pulling him out of that situation. That's just kind of who he is, a really good person."