Erika and Tom Girardi are being sued for allegedly using their split to embezzle money

Erika Girardi has returned to social media after she and her estranged husband Tom Girardi were hit with an embezzlement lawsuit earlier this week.

On Wednesday, a complaint was filed in an Illinois federal court suing Erika and her lawyer husband for allegedly using their divorce to embezzle money.

The Real Housewives of Beverly Hills star — who filed for divorce from her husband of 21 years, on Nov. 3 — and Tom are being sued by law firm Edelson PC on behalf of several families who lost loved ones in a Boeing plane crash.

Shortly after the documents were filed, Erika shared a cryptic message on Twitter, seemingly alluding to her current situation.

The 49-year-old posted a photo of herself looking serious in an asymmetrical black dress.

"High drama," she captioned the shot.

Erika Jayne
Erika Girardi
| Credit: Charles Sykes/Bravo/NBCU Photo Bank via Getty

According to the documents, obtained by PEOPLE, Erika and Tom are being accused of embezzling settlement funds meant to help the families of victims on Lion Air Flight 610.

"Tom has resorted to embezzling the proceeds of settlements that should have been directed to his clients — including, as the basis for this Complaint, the widows and orphans who lost loved ones in the tragic crash of Lion Air Flight 610 — in order to continue funding his and Erika’s lavish Beverly Hills lifestyles," the documents state.

Tom’s law firm, Girardi & Keese (GK), is also named in the suit, which claims both Tom, 81, and the firm "are on the verge of financial collapse and locked in a downward spiral of mounting debts and dwindling funds."

Edelson PC and Erika declined to comment on the case, and Tom did not immediately respond to PEOPLE's request for comment.

The allegations against the Girardi family revolve around an earlier case in the Illinois federal court related to the October 2018 crash of a Boeing aircraft that departed from Jakarta, Indonesia.

Erika Jayne, Tom Girardi
Erika Girardi and Tom Girardi
| Credit: Steve Eichner/AP

The lawsuit said Boeing reached individual settlements with clients represented by both Girardi Keese and Edelson PC but goes on to allege that those settlement funds were instead used by Tom and Erika, 49.

"At the heart of this deception is Defendant Girardi and his need to fund outrageous lifestyles for himself and his soon-to-be ex-wife, Erika Jayne," the documents state, claiming that protecting their finances is the reason for their recent divorce and that this incident is not "the first attempt by Tom to hide and divert assets."

"While Erika publicly filed for divorce this month, on information and belief, that ‘divorce’ is simply a sham attempt to fraudulently protect Tom’s and Erika’s money from those that seek to collect on debts owed by Tom and his law firm GK," the suit states.

Last month, Erika said in a statement obtained by PEOPLE that her decision to end her marriage is "not a step taken lightly or easily."

"I have great love and respect for Tom and for our years and the lives we built together. It is my absolute wish to proceed through this process with respect and with the privacy that both Tom and I deserved," she added. "I request others give us that privacy as well."

Though the pair did not have a prenuptial agreement in place, Erika asked in her divorce filing that she be paid spousal support by Tom and requested to terminate the court's ability to award spousal support to her ex.