As Jessica Alba and Cash Warren proceed with their divorce, which the actress confirmed Jan. 16, there are various assets that will need to be divvied up.

Alba, 43, and Warren, 45, wed in May 2008 and share three kids: Honor, 16, Haven, 13, and Hayes, 7.

“I’ve been on a journey of self realization and transformation for years – both as an individual and in partnership with Cash. I’m proud of how we’ve grown as a couple and in our marriage over the last 20 years and it’s now time for us to embark on a new chapter of growth and evolution as individuals,” Alba shared on Instagram.

“We are moving forward with love, kindness and respect for each other and will forever be family,” she added. “Our children remain our highest priority and we request privacy at this time.”

Attorney Marilyn Chinitz, a matrimonial partner at Blank Rome LLP who isn’t connected to the case, tells PEOPLE, “Hopefully [Alba and Warren] maintain a harmony, a sense of balance and continuity that will take place during a divorce as well, especially because they’re in business together.”

In 2012, Alba founded Honest Company, and while she stepped down from her role as chief creative officer in April 2024, she remains on the organization’s board of directors. Warren is a film producer and the co-founder of Pair of Thieves, a sock and underwear company. Like Alba, he too retains ties to Honest Company.

“He’s also involved in the business. Because they’re not in war with one another — and they’ve made that clear — they may not be in love with one another, but they seem to be able to interact with respect. That’s what they’re going to do most likely in their business until one may want to be bought out by the other,” says Chinitz.

“As long as the business is successful and the sales continue to do well, then why not continue to have ownership? Because who does it benefit? It benefits the three children.”

Chinitz also addresses the question of how a prenuptial agreement, if there is one, may factor into the split.

“It’s really interesting because not every couple does a prenup. And yes, [Alba] was successful before she got married. She was a well-known entity. One would expect that they would have a prenup, but even if they did I don’t know that it would make that big of a difference if they both own a company. It’s a community asset.”

Should one party wish to buy the other out of their share of Honest, however, then Chinitz says the company will have to be properly evaluated.

“If you’re going to continue to own the company, run the company, it doesn’t really matter what it’s valued at because you’re not buying out the other party. Valuation gets triggered when one says, ‘You know what? I don’t really want to be a part of this company. I want to cash out.’ You have to do that in a very thoughtful way. But from all reports at the moment, that company could be, I don’t know, anywhere from a half a billion to a billion,” says Chinitz.

The Trigger Warning actress and Warren also share a mansion in Beverly Hills, which they bought in 2017.

“Who wants to live there? That’s the issue,” says Chinitz. “If she decides that she wants to live there, there’s different ways that they could broker resolution. Number one, she could buy him out. If she doesn’t want to buy him out and he doesn’t want to be bought, that house will go on the market, it will be sold and the proceeds will be shared.”

Alternatively, if the house is owned by what Chinitz calls an irrevocable trust, then neither Alba nor Warren technically have ownership over it. Instead, the property belongs to their trust, presumably for the benefit of the children, and they can choose to remain in the house in whatever arrangement they see fit so long as the children are there.

However, “if the house is in a trust and the house gets sold, the proceeds go back into the trust and they can use the proceeds to buy another house. They can use the proceeds to buy two homes as long as it’s owned by the trust,” says Chinitz, who emphasizes that this divorce will likely be one that puts the kids’ wellbeing first.

“It doesn’t seem that they’re at war. They may not want to be married … and it seems like they both have come to the conclusion that the love has either disappeared or dissipated, but their three children sustain their relationship, as do their joint ownership of a company,” she adds.

“By all vision and optics, it looks like they’re going to go down a path of negotiating a resolution. This is not going to be, in my view, a case like some of the more high-profile litigations that we saw, like Kevin Costner’s case or Brad Pitt’s case. This is not going to be, in my view, from all accounts, a case that’s going be litigated. And that’s a good thing,” she says.