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Tom’s Alleged Mistress Threatens to Take Legal Action Against Erika

Pat the … divorce papers. After Erika Jayne went to court to end her marriage to Tom Girardi, Bravo fans were shocked to learn that what seemed like one of the strongest couples in Real Housewives history was not so picture-perfect after all.

The Real Housewives of Beverly Hills star announced in November 2020 that she and the powerhouse attorney had called it quits after 21 years of marriage. A source later told Us Weekly exclusively, “Erika and Tom had an unconventional marriage, spending a lot of time apart.”

Erika, who shares adult son Tommy with ex-husband Thomas Zizzo, met Tom in the late 1990s while waitressing at one of his favorite West Hollywood hot spots, Chasen’s. One year later, she decided to give him her phone number, and he subsequently reached out to her through his secretary.

“I told her, ’Tell Mr. Girardi if he wants to take me out on a date, he needs to call me himself and ask me and give me enough time to prepare,’” the Bravo personality recalled in her 2018 memoir, Pretty Mess. “You know how men are, especially if they are successful. They expect you to drop everything right away. That’s not how I work, I don’t care who you are.”

Six months into their relationship, Erika and the lawyer got engaged. They married in January 1999.

“For the first 10 years of our marriage, I was by Tom’s side,” the “XXPEN$IVE” singer said in a February 2017 episode of RHOBH. “I was even the first lady of a couple legal organizations. Imagine that!”

Due to Tom’s high-power job, he has only made a few appearances on the reality series since Erika joined the cast in 2015. It is likely that their divorce will play out during season 11, which began filming in early October 2020.

“People are always like, ‘Oh, you guys don’t see each other a lot.’ But when we do see each other, it’s 100 percent, full-on attention,” the former Chicago star said in the February 2017 episode. “This is what people don’t understand. It’s not a detriment to the relationship. It’s actually helpful. It’s better than someone being in your face all the time and you’re not even present.”

Scroll down for everything we know so far about the Girardis’ divorce.


Erika Broke It Off

The Atlanta native confirmed in a statement to Us in November 2020 that she “decided to end” her marriage to Tom “after much consideration.” She added, “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 deserve. I request others give us that privacy as well.”

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They Don’t Have a Prenup

Erika told Andy Cohen in June 2017 that she and Tom never signed a prenuptial agreement. “I’m married to a very powerful lawyer. A prenup wouldn’t stand in his way anyway,” she said at the time. “So it doesn’t matter whether you had one or you didn’t, it’s gonna be all Tom’s way, I assure you.”

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They Were on Different Paths

A source exclusively told Us in November 2020 that it was not uncommon for the now-estranged couple to go “several months” without seeing each other. “They would travel separately. Tom gave Erika a very lavish lifestyle, and she enjoyed it,” the insider said. “Erika has gained independence and confidence from being on Real Housewives of Beverly Hills. The exposure it has given for her singing career has given Erika a much larger fan base.”

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The Fraud Lawsuit

Erika and Tom were hit with a lawsuit in December 2020 that accused them of embezzling settlement funds intended to help the families of Lion Air Flight 610 victims. In federal court documents obtained by Us, the class action firm Edelson PC claimed that the estranged couple’s divorce is “a sham attempt to fraudulently protect Tom and Erika’s money” and that they “are on the verge of financial collapse and locked in a downward spiral of mounting debts and dwindling funds.” Erika and Tom did not immediately comment on the allegations.

Damian Dovarganes/AP/Shutterstock; Michael Simon/startraksphoto.com
Erika’s Testimony

According to the Los Angeles Times, Erika was called to testify in the fraud case after Tom’s September 2020 date — before she filed for divorce that November. She was out of town and her hearing was rescheduled for January 2021. 

 

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Erika Wants Spousal Support

Erika requested spousal support from Tom in November 2020, according to court documents obtained by Us, in which she citied “irreconcilable differences” as the reason for their split. She also asked Tom to pay her attorney’s fees and demanded that the court block her estranged husband from seeking spousal support from her.

Charles Sykes/Invision/AP/Shutterstock; Damian Dovarganes/AP/Shutterstock
Tom Does Not Want to Pay Spousal Support

In November 25, 2020, court documents obtained by Us, Tom requested to terminate the court’s ability to award spousal support to Erika. He also asked her to pay his legal fees.

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The Truth About Tom’s Finances

Tom told the court in September 2020 that he has “maybe a couple thousand” dollars in a personal bank account, adding that his stock portfolio of millions was “all gone.” 

He said: “At one point I had about $80 million or $50 million in cash. That’s all gone. I don’t have any money.”

He added that he hasn’t “taken a penny in salary out of the firm for more than two years.”

 

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Frozen Assets

In December 2020, a judge in Chicago seized Tom's assets after allegations that the estranged couple withheld $2 million in client funds following the 2018 Lion Air Flight 610 crash. Tom did not attend the contempt hearing at the time, but instead called into the proceedings. 

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Tom’s ‘Illness’

According to court documents obtained by Us, Tom was secretly hospitalized for a “serious illness” in 2020. An attorney at his firm brought up the illness during a December court date, telling the judge that Tom was “unavailable in recent weeks due to a serious illness that caused him to be hospitalized for which he sought treatment.”

The paperwork stated Tom “couched everything” related to the fraud case in July 2020 because he was forced to be away from his firm amid his hospitalization. He also cited his illness as the cause of the “mistake” of not getting some of the families paid in full.

The Los Angeles Times also reported that one of Tom’s attorneys believed he should be subject to a mental examination. "I'm unsure that he understands either the nature or the gravity of the current situation," the lawyer told the judge, noting the team is concerned about his mental competency.

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Wells Fargo Suit

The bank is also suing Tom and his Girardi Keese firm, alleging he didn’t make monthly payments for rent, taxes, fees and more on their office. According to the paperwork obtained by Us, the group owes Wells Fargo $882,000. Wells Fargo is also seeking interest at 10 percent per annum from the date of default and wants to seize  Girardi Keese’s Los Angeles and San Bernardino, California, properties. 

 

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Cheating Allegations

Sources told Us in December that Erika believes Tom cheated on her during their 21-year marriage. “Erika is really going through it. She’s very strong, but this has been very hard for her emotionally,” an insider told Us. A second source claimed that rumors that Erika and Tom “had an agreement in terms of being with other people” weren’t true. Tom has yet to comment on the infidelity accusations.

 

Matt Baron/Shutterstock; YouTube
What Erika Knew

A source told Us that Erika never thought Tom “could be capable of doing what he has been accused of in court.”

 

“Erika was completely unaware of the very serious allegations that were being made against Tom in court,” the source told Us, referring to the fraud accusations. “Tom always handled all of the finances and that was how they handled things. Erika feels betrayed by Tom because she completely trusted him. She is just reeling from all of this, but make no mistake. Erika is a tough cookie and she isn’t stupid. She will get through this.”

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Proof?

"This is Justice Tricia A. Bigelow. She was f--king my husband Tom Girardi and he was paying her Saks bill and paying for her plastic surgery," Erika captioned an Instagram post on December 18, sharing screenshots of texts.

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Justice Bigelow’s Response

The judge’s lawyer released a statement to the L.A. Times, saying, Erika’s “actions in maliciously doxxing the Justice were nothing short of criminal.”

The attorney added: “We are considering our options to protect Justice Bigelow from further harassment.”

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