Erika Jayne reveals 'difficult' reason why her divorce from ex Tom Girardi is still not finalized

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Erika Jayne has opened up about her divorce from estranged husband Tom Girardi.

The Real Housewives of Beverly Hills star, 54, revealed why her divorce from the 86-year-old disgraced lawyer has not yet been finalized while appearing on Watch What Happens Live on Thursday.

Host Andy Cohen asked her a question from a fan, who wanted to know, 'Why haven’t you filed for divorce?' 

'Oh, I have! You guys have got it so wrong,' the reality TV star corrected the fan. 'Yes, of course I have. I filed for separation.'

Erika filed for divorce from Girardi — who is battling Alzheimer's disease while serving a seven-year prison sentence for embezzlement — back in November 2020 after 21 years of marriage, right before they were sued.

'It's very difficult to get someone who's incompetent to divorce,' Erika explained, referring to the fact that Girardi was placed under a conservatorship in 2021. 'I have to ask the conservator. It's just not that easy. You guys, just stop with all that.'

Erika Jayne, 54, revealed the 'difficult' reason why her divorce from fraudster ex Tom Girardi, 86, is still not finalized, while appearing on Watch What Happens Live on Thursday

She filed for divorce from Girardi — who is battling Alzheimer's while serving a seven-year prison sentence for embezzlement — back in 2020, after 21 years of marriage; Seen in 2016

'Really?' Cohen asked in disbelief.

'Yes. Like, chill on that,' she replied.

Cohen then inquired if she has 'thought at all about seeing [Tom]' in prison.

'I have,' she replied.

'And?' Cohen inquired.

'No,' she simply said, before adding, 'It's too much. That's enough. Everything is... he's done. Like, it is what it is.'

The disbarred attorney was found guilty of embezzling more than $15 million from law firm clients, and was sentenced in June to a little over seven years in prison.

Erika has vehemently denied knowing anything about her husband's wrongdoings, and has never been indicted. 

It comes after Erika said she hoped her ailing ex would pass away rather than experience the indignity of a prison sentence he won't likely outlive.

The Atlanta-born reality star chatted about the situation with co-star Sutton Stracke in a segment from The Real Housewives of Beverly Hills last Thursday.

Erika, who has since began dating again, said she remained 'heartbroken' over Girardi's fate after he was sentenced to prison following his 2024 conviction.

'I said this to somebody the other day, I just kind of hoped he'd die before he'd go to prison, just so he could get it over with,' said Jayne.

After host Andy Cohen asked her a fan question about why she hasn't filed for divorce, she said, 'Oh, I have! You guys have got it so wrong. Yes, of course I have'

'It's very difficult to get someone who's incompetent to divorce,' she explained, referring to the fact that Girardi was placed under a conservatorship in 2021. 'I have to ask the conservator'

Cohen asked if she has 'thought at all about seeing [Tom]' in prison. Erika admitted she decided not to. 'It's too much. That's enough. He's done. Like, it is what it is,' she said

It comes after Erika said she hoped her ailing ex would 'die' rather than experience the indignity of a prison sentence he won't likely outlive; The two seen in a still from RHOBH

The disbarred attorney was found guilty of embezzling more than $15 million from law firm clients, and was sentenced in June to a little over seven years in prison; Girardi seen in 2024

Jayne added that 'it f***ing sucks knowing that person and being married to that person for so long' to see him on a road that will likely result in his death while in custody.

'To see him walk down the courtroom steps like that knowing he's going to die in prison - that's heavy on any level,' Jayne said.

Jayne admitted to Stracke that she had mixed emotions about whether she wanted to bid farewell to her former spouse of more than two decades, as he entered a federal prison.

'I don't know, but I've thought that exact same thing: "What do I do?"' she said.

The star has since struck up a romance with retired US Army special operations sergeant major John McPhee, who is nicknamed 'Shrek.'

In July she opened up about her new boyfriend on an episode of her Diamonds In The Rough podcast, calling him a 'nice man' and stating, 'I enjoy my time with him.'

Meanwhile in August 2024, her ex was found guilty on four counts of wire fraud, following a trial that lasted 13 days.

Prosecutor said that Girardi had stolen more than $15 million from his clients over a decade-long span from 2010 to 2020.

Girardi, who was also fined $35,000 in ordered by U.S. District Judge Josephine L. Staton to pay $2.3 million to the people he embezzled the money from.

Girardi has dealt with personal health issues, as he was diagnosed in 2021 with Alzheimer’s disease, and placed in a conservatorship under the care of his brother Robert Girardi that year.

Last year, the judge said that Girardi had been mentally competent to face his sentence, as he had been to stand trial.

Erika has since struck up a romance with retired US Army special operations sergeant major John McPhee, who is nicknamed 'Shrek' (pictured)

Girardi denied embezzling any money while testifying in Los Angeles in 2024, according to Courthouse News Service.

Girardi told the court, The last thing I would do would be to take someone’s money - I wouldn’t think of it.'

Girardi had made multiple appearances on the Bravo series during his marriage to Jayne.

Prior to his fall from grace - including a 2022 disbarment - Girardi had established himself as a high-profile injury attorney known to tangle with large corporations over major incidents.

A lawsuit against Pacific Gas and Electric utility resulted in a $333 million settlement, and was depicted on the silver screen in the 2000 Steven Soderbergh motion picture Erin Brockovich, which starred Julia Roberts in the title role.

Girardi said in his testimony of the film, 'That became an award-winning movie.'

The Real Housewives of Beverly Hills can be seen on Bravo Thursdays at 8/7c.

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