Reese Witherspoon, Jim Toth divorce: inside Hollywood’s blockbuster split


Reese Witherspoon filed for divorce from her estranged husband, Jim Toth, in Nashville, Tennessee, just days before their 12th wedding anniversary.

Documents obtained by Fox News Digital showed that the Academy Award-winning actress cited “irreconcilable differences” in her filing to end her marriage with Toth, a former top talent agent with CAA.

Peter Walzer, celebrity divorce lawyer and founding partner at Walzer Melcher & Yoda, gave more insight to the commonly used term a couple may use when ending a union. 

“The term ‘irreconcilable differences’ is used in most states to denote the grounds for a no-fault divorce,” Walzer told Fox News Digital. “It means the parties do not get along.”

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Celebrity divorce lawyer Charlotte Christian echoed Walzer’s statement.

“Irreconcilable differences mean that the parties’ likes and dislikes have become so far apart that they can no longer live together in harmony, and they have made the decision to live apart and break up the union,” Christian said.

Reese Witherspoon, right, and Jim Toth announced their divorce last month after almost 12 years of marriage. (Michael Kovac)

Witherspoon and Toth’s split may have been a shock to some, but sources told The Sun that the catalyst to end their relationship was allegedly his “midlife crisis” after he left his high level gig in Hollywood.

“Jim is the one who has changed massively just in the last few years,” the source said. “His personality, his attitude and his whole take on life really changed when he got out of the agency business and decided he was tired of that stuffy world and being in the service business in general.”

The source went on to claim in part, “He was so done with the Hollywood rat race and leaving this marriage is the logical conclusion of that journey, because Reese isn’t going anywhere.”

Fox News Digital has reached out to Witherspoon’s rep for comment.

“The term ‘irreconcilable differences’ is used in most states to denote the grounds for a no-fault divorce. It means the parties do not get along.”

— Peter Walzer, celebrity divorce lawyer

It appeared as though the pair had been “preparing for the next chapter” for a while, as a source told Us Weekly in 2021 that Witherspoon and Toth were liquidating properties and companies for more than two years. 

“They decided their marriage wasn’t going to last forever and that they should have a plan for splitting up their assets that wouldn’t destroy what they built together,” a source claimed.

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One major asset off the block was her Hello Sunshine production banner, which she co-founded in 2016 and sold in August 2021 for $900 million. Toth was also part owner of the media company. 

“Instead of having to split up a huge company with dozens of employees and several divisions, they have a big pile of money — and there’s plenty for everybody,” the insider added.

Reese Witherspoon cited "irreconcilable differences" in her divorce filing in Nashville, Tennessee.

Reese Witherspoon cited “irreconcilable differences” in her divorce filing in Nashville, Tennessee. (Christopher Polk)

Jim Toth's "mid-life crisis" reportedly changed Reese Witherspoon's interest in her husband.

Jim Toth’s “mid-life crisis” reportedly changed Reese Witherspoon’s interest in her husband. (Photo by John Shearer)

The huge profit “sent them in different directions,” causing a “real gut check moment” for the couple, according to The Sun. The source added, “they now had more money than either of them could ever figure out what to do with.”

In addition to Hello Sunshine, Witherspoon created a clothing brand with a nod to her Southern roots in 2015 called Draper James. Brick and mortar stores popped up around the South shortly after, and the lifestyle brand added home decor, beauty and more. In 2022, she partnered with Kohl’s to bring affordable fashion to the masses.

According to People magazine, Toth is also a founding board member in the clothing company. 

As for their real estate portfolio, Witherspoon sold her $6.7 million Malibu home in 2020 in addition to selling their massive Brentwood estate for $21.5 million in 2021.

The “Legally Blonde” star sold their six-bedroom Nashville mansion for more than $7 million in October.

They weathered through one major storm together, though. In April 2013, Witherspoon was arrested on a municipal charge of disorderly conduct after a state trooper said she would not stay in the car while her husband, Toth, was given a field sobriety test.

Toth was also arrested for driving under the influence of alcohol.

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The officer wrote in his report: “Mrs. Witherspoon asked, ‘Do you know my name?’ I answered, ‘No, I don’t need to know your name.’ I then added, ‘right now.’ Mrs. Witherspoon stated, ‘You’re about to find out who I am.’

“Mrs. Witherspoon also stated, ‘You are going to be on national news,'” the officer’s report said. “I advised Mrs. Witherspoon that was fine.”

The "Sweet Home Alabama" actress wrote that their divorce was out of "mutual respect."

The “Sweet Home Alabama” actress wrote that their divorce was out of “mutual respect.” (Kevork Djansezian)

Witherspoon and Toth announced their “difficult decision to divorce” in a since-deleted statement shared on Instagram at the end of March.

“We have some personal news to share… It is with a great deal of care and consideration that we have made the difficult decision to divorce,” they said. “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.”

“Our biggest priority is our son and our entire family as we navigate this next chapter,” they added. “These matters are never easy and are extremely personal. We truly appreciate everyone’s respect for our family’s privacy at this time.”

Witherspoon and Toth married on her ranch in Ojai, California, in 2011, and have a 10-year-old son named Tennessee.

Witherspoon also shares two children with ex Ryan Phillippe: daughter Ava, 23, and son Deacon, 19.

Jim Toth and Reese Witherspoon have been selling off real estate for years, which sources signaled was allegedly the beginning of the end of their relationship.

Jim Toth and Reese Witherspoon have been selling off real estate for years, which sources signaled was allegedly the beginning of the end of their relationship. (Jon Kopaloff)

Reese Witherspoon shares daughter Ava and son Deacon with ex-husband Ryan Phillippe. She also has a 10-year-old son with Jim Toth, right.

Reese Witherspoon shares daughter Ava and son Deacon with ex-husband Ryan Phillippe. She also has a 10-year-old son with Jim Toth, right. (Gregg DeGuire)

The “Sweet Home Alabama” star is seeking joint custody of their son. Davidson County, where the divorce was filed, requires all parties involved in divorce cases to complete a mandated parenting seminar in addition to parenting plan.

At the time of their divorce announcement, sources told People magazine that their split was “such an amicable decision.” The former power couple is “committed to co-parenting together. They are invested in their whole family and making this as smooth as possible for everyone.”

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“Irreconcilable differences mean that the parties’ likes and dislikes have become so far apart that they can no longer live together in harmony.”

— Charlotte Christian, celebrity divorce lawyer

The divorce complaint showed that the couple had a “valid and enforceable” prenuptial agreement in place.

Christian said that while the prenup details are not currently available, “all assets brought into the marriage may have been decided as to division in a prenup.” 

Reese Witherspoon and Jim Toth will have to take a parenting class as part of their divorce requirements in the state of Tennessee.

Reese Witherspoon and Jim Toth will have to take a parenting class as part of their divorce requirements in the state of Tennessee. (Jonathan Leibson)

She added, “If the prenup was properly negotiated, retirement funds accumulated before the marriage, financial assets, and property can be protected.”

Walzer noted, “Premarital agreements are known as antenuptial agreements in Tennessee. In addition to determining property rights, according to case law, a premarital agreement can limit alimony. Such provisions will be fully enforced unless enforcement will render the spouse deprived of alimony a public charge.”

While rumors are already swirling about whose available down the field for Witherspoon, she is clearing the record that she is not on anyone’s roster.

The “Cruel Intentions” actress was reported to be seeing former NFL quarterback Tom Brady, but Witherspoon’s camp denied the claims to Fox News Digital.

Brady announced his divorce from ex-wife Gisele Bündchen in October after 13 years of marriage.

“A representative for Witherspoon denied any rumor of dating as the rumors are completely false,” the statement said.

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