The Bravo star previously revealed that she and her powerhouse attorney husband do not have a prenuptial agreement

By Natalie Stone
December 08, 2020 03:55 PM
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Erika Girardi's husband Tom Girardi has responded to her divorce filing.

In court documents obtained by PEOPLE on Tuesday, the famed attorney filed his response to Erika's request that their marriage be dissolved.

The documents, filed Nov. 25 in Los Angeles Superior Court, list their date of separation as "[to be determined]" and cite "irreconcilable differences" as the reason for the split.

Tom, who wed the Bravo star on Jan. 7, 2000, has asked to terminate the court's ability to award spousal support to Erika, who requested it from Tom in her filing. He has also requested that attorney's fees and costs be paid by Erika.

Reps for Tom and Erika did not immediately respond to PEOPLE's request for comment.

The Real Housewives of Beverly Hills star filed for divorce from Tom on Nov. 3 after nearly 21 years of marriage, according to documents previously obtained by PEOPLE. She also listed their date of separation as "[to be determined]" and cited "irreconcilable differences."

She is seeking spousal support from Tom, having herself requested to terminate the court's ability to award spousal support to her ex, and that he cover attorney's fees and costs.

Erika and Tom Girardi
| Credit: Steve Eichner/AP

"After much consideration, I have decided to end my marriage to Tom Girardi," Erika, 49, said in a previous statement obtained by PEOPLE. "This 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."

Erika and Tom Girardi
| Credit: Bravo

In 2017, Erika revealed during an appearance on Andy Cohen's Then & Now that she and Tom, 81, do not have a prenuptial agreement in place.

"But let me tell you something, let me be very clear. I'm married to a very powerful lawyer," she said of Tom, who worked on the landmark case that inspired the film Erin Brokovich. "A prenup wouldn't stand in his way anyway. So it doesn't matter whether you had one or you didn't, it's going to be all Tom's way, I assure you. He'll rip that piece of paper to shreds in two seconds!"

Currently, the pair is facing legal woes amid their divorce. Earlier this month, they were sued for allegedly using their split to embezzle money. The complaint was filed by law firm Edelson PC on behalf of several families who lost loved ones in a Boeing plane crash.

According to the complaint, filed in an Illinois federal court and obtained by PEOPLE, Erika and Tom allegedly embezzled 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.

Edelson PC and Erika declined to comment on the case, and Tom has not responded to PEOPLE's request for comment.