Next steps for Johnny Depp and Amber Heard and what happens if one of them can’t pay

One major question still looms following the Johnny Depp and Amber Heard trial, with many asking what will happen if the actress can’t pay up.

Now that the rollercoaster trial between Johnny Depp and Amber Heard has come to an end, many are now wondering what the outcome actually means for both of the actors.

In case you somehow missed it, Heard was ordered to pay Depp $US10 million ($A14 million) in defamation compensatory damages and $US5 million ($A7 million) in punitive damages after the jury decided she “acted with actual malice”.

However, Fairfax County Circuit Court Judge Penney Azcarate reduced the punitive damages the jury awarded Depp to $US350,000 ($A487,000), the state’s statutory cap, making his total damages $US10.4 million ($A14.49 million).

The jury did agree with one aspect of Heard’s claim – that she was defamed by Depp’s lawyer when he called her abuse allegations a hoax.

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Heard waiting before the jury handed down their verdict. Picture: Evelyn Hockstein/AFP

Depp testifies at the Fairfax County Circuit Courthouse, Virginia. Picture: Steve Helber/AFP

This resulted in the Aquaman star being awarded $US2 million ($A2.78 million) in compensation and $0 in punitive fees.

Depp first sued Heard for $50 million over an op-ed she wrote in The Washington Post in 2018 where she referenced her experience with domestic violence.

He argued that even though he wasn’t named in the article, it still tarnished his reputation and career.

Heard then countersued for $US100 million ($A140 million), claiming she was defamed when Depp’s lawyer Adam Waldman gave public statements calling her allegations an “abuse hoax” and “fake”.

With that in mind, let’s take a look at what these rulings actually mean and what comes next for Depp and Heard, including what happens if one of them doesn’t pay up.

What are compensatory damages?

Let’s start with the big one in this ruling: compensatory damages.

Compensatory damages are designed to compensate plaintiffs for any actual losses they have experienced and are awarded where a loss has occurred as a result of the negligence or unlawful conduct of another party.

These types of damages cover expenses resulting from both physical injury or from intangible injury such as psychological harm, emotional stress and humiliation.

Compensatory damages are often used by the court to try and place the plaintiff in the position they would have been had they not suffered the damages.

To receive such compensation, the plaintiff must prove that a loss occurred and that it can be attributed to the defendant.

Depp and Heard had the intimate details of their relationship played out before the court during this marathon trial. Picture: Giuseppe Cacace/AFP

There are two subtypes of compensatory damages: economic and non-economic.

Economic compensatory damages refer to damages that resulted in a tangible loss of money, such as medical treatment, loss of income, loss of property and legal fees.

Non-economic compensatory damages refer to intangible losses suffered by a plaintiff.

These can be harder to calculate as there is no set amount of money relating to the damages and can include things like pain and suffering and emotional distress.

What are punitive damages?

Punitive damages seek to punish a person for their wrongdoing and deter others from behaving the same way.

These types of damages are typically only awarded in cases where the defendant’s behaviour was found to be extremely careless or malicious.

This means punitive damages are not always awarded in every case and, when they are, it is in addition to compensatory damages.

If they are awarded, it means the court is essentially punishing the defendant, who must then pay the amount of money designated by the court and give it to the plaintiff.

The key difference between punitive damages and compensatory damages is that the latter is meant to give you something back that you lost while the former is purely for punishment.

What happens if Depp or Heard can’t pay?

Now that the trial is over, Heard must pay Depp $US10.4 million ($A14 million), while Depp must give Heard $US2 million ($A2.78 million).

But what happens if either one of them say they don’t have the money to pay the damages?

Depp is one of the highest paid actors in Hollywood, with his current net worth estimated to be about $US150 million ($A209 million), according to the Celebrity Net Worth website.

Johnny Depp sued ex-wife Amber Heard for libel after she wrote an op-ed piece referring to herself as a public figure representing domestic abuse. Picture: Jim Watson/AFP

However, his money troubles were hinted at during the trial, with his former manager and agent testifying that his exorbitant spending habits had eroded his wealth overtime.

But the focus is really on Heard, with several witnesses that implied on the stand that she may not have the immediate funds to pay the Pirates of the Caribbean star.

While Heard has made millions from her TV and movie career, along with $US7 million ($A10 million) from her divorce settlement with Depp, it has been suggested that the trial has taken a toll financially.

Heard initially pledged her $US7 million divorce settlement to the non-profit organisation American Civil Liberties Union (ACLU), but when she was asked about it during the trial she claimed she had not been able to fulfil her commitment because of the $US50 million lawsuit against her.

Former federal prosecutor Neama Rahmani told The Daily Beast that Heard does have a bit of time to come up with the funds.

In Virginia, Depp has up to 30 years to collect his judgment.

Mr Rahmani told the publication that if either actor claims they don’t have the funds to pay, then both sides are entitled to ask for proof in the form of financials.

Actor Amber Heard departs the Fairfax County Courthouse. Picture: Win McNamee/Getty Images/AFP

“I don’t think she can pay. She kept the $7 million because she had to pay for legal fees,” he said. “The question is whether Johnny Depp is really going to enforce the judgment against his ex-wife. Is he really going to take her wages? She may have to raise her bank accounts in order to do so.”

Mr Rahmani added that the whole trial was clearly about “more than money”, with Depp himself saying the trial was about “the truth”.

“It’s about vindication and about setting the facts straight,” Mr Rahmani said.

Heard may also go down the path of trying to appeal the verdict in the hopes of receiving a more favourable judgment.

However, if she chooses to go down this path, she will have to post a bond for the full $US10.4 million in damages.

The other option if Heard truly can’t pay is to file for bankruptcy.

This would eliminate the $10 million in compensatory damages, but she would likely still be on the hook for the $350,000 in punitive damages.