"I got married during 'Felicity,' it was a short-lived marriage," he began. "We're speaking about this with my current wife behind me and she's laughing. She's really enjoying the squirming that I'm doing."
He added with a laugh, "This is dangerous, dangerous territory my friend."
Foley and Garner met on the set of the college drama in 1998 when Garner had a two-episode arc as a long-distance girlfriend of Foley's character Noel. Foley said the pair hit it off instantly, were soon dating and got married two years later.
To see where the exes now stand with each other, Cohen asked, "If you ran into Jennifer Garner at the Emmys, would you avoid her?"
"No, you would say hello, you're very civil... I mean, we do not keep in contact because she has her own family. I have mine. It wouldn't be something that we would search out, but I've seen her a few times, especially when we were living in LA and Marika's been with me and everybody says hi and you're cordial and you move on. That's life right?"
Foley spoke out about their split before, insisting infidelity was not a cause of it, as rumors spread that Garner was stepping out with her "Alias" costar Michael Vartan.
"Nobody else was involved," he told TV Guide around the time of their split. "Jennifer became a huge celebrity. She became a huge star, and she deserved everything she got. There was no other relationship, there was no infidelity, nothing. People get divorced, you know? Through no one’s fault and everyone’s fault."
Garner claimed her split with Foley was "amicable" as well, telling InStyle that the young couple were simply "victims of Hollywood."
"Everything is speeded up here -- it is a fast-lane life, and if something is not working, it is considered best to end it without much thought. If we lived where I was brought up [West Virginia], we would probably still be together."
Foley shares daughter Malina and sons Keller and Konrad with Domińczyk, while Garner shares daughters Violet and Seraphina and son Samuel with ex Ben Affleck.