I retract my earlier comment, they have split.
This is what the website said...
Hot Hollywood couple JENNIFER GARNER and SCOTT FOLEY have split. On Tuesday afternoon, the pair's publicist's confirmed to ET that they "have mutually decided to separate." The new issue of Us magazine, on stands Friday, speculates that the busy careers of the star couple caused the rift in their marriage.
In addition to her demanding 'Alias' schedule, Jennifer has been fielding numerous film offers after starring opposite BEN AFFLECK in 'Daredevil' and LEONARDO DiCAPRIO in 'Catch Me If You Can.' In fact, there have been reports that Jennifer's 'Daredevil' character, Elektra, may get her own spin-off movie, and she is scheduled to start filming the romantic comedy '13 Going on 30' this month in L.A. Scott has been keeping himself busy headlining his new NBC series, "A.U.S.A.," and is set to star in 'Cursed,' a werewolf movie from 'Scream' team WES CRAVEN and KEVIN WILLIAMSON.
One of the couple's last public appearances together was at the February premiere of 'Daredevil.' Scott did not go with Jennifer to the Academy Awards®, prompting rumors that something was amiss. Although, just two days after the ceremony, Scott told our own JANN CARL that he didn't escort his wife because she had a girlfriend in town who wanted to go.