THE REAL Housewives of Beverly Hills star Erika Jayne will likely never finalize her divorce from troubled ex Tom Girardi due to his declining health, her lawyer has claimed.
Erika, 53, filed for divorce from Tom, 85, in November 2020 after 21 years of marriage amid claims he embezzled money from the clients at his law firm.
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Erika has never been charged with a crime and has denied any knowledge of her husband's shady dealings.
Tom was found guilty of four counts of wire fraud in August 2024 and is still awaiting sentencing.
Erika is being sued by his bankruptcy trustee for $24 million after being accused of knowingly benefiting from fraudulent transfers of funds from Tom's firm.
Despite it being more than four years since Erika filed for divorce, their case has completely stalled due to her ex's failing health.
Jim Wilkes, who is representing Erika in a civil case in Florida, told The U.S. Sun, " I don't know that the divorce will go anywhere. He's not competent to defend it.
"I don't know that you could have a divorce in these circumstances,” he said, adding that Erika may have to wait "until he dies."
Wilkes was friends with both Erika and her ex for many years before Tom's arrest and has been determined to support the reality star.
He went on: "Tom made a lot of mistakes, I get that, but I think he's suffering from dementia. I don't think he'll live long.
Erika was left with nothing in her name."
Attorney Jim Wilkes
"I think he is far beyond understanding what he's being punished for. It makes me sad. I disagree with how it all happened.
" To see Tom flying around the country trying to be evaluated by different centers for competence. It's interesting.
Erika Jayne sobs she was 'on the verge of suicide' after fall from grace over ex Tom Girardi's fraud accusations
"He was competent enough for trial, but not competent enough to decide what to do with him.
“ The court can't even decide whether to put him in a medical facility or prison. What has anybody gained?"
He insists Erika was not given "a fair shot," amid her own legal issues, saying, " It's so easy to say that Erika did this or Erika did that.
"Erika was left with nothing in her name. Tom has nothing, what he had they found and they liquidated."
Erika lost her $7 million home and most of her belongings due to Tom's messy legal situation and has since downsized her home.
Tom made occasional appearances on The Real Housewives of Beverly Hills, where Erika has been a cast member since 2015.
The former couple married in 1999 after meeting at a bar in West Hollywood, where Erika was working as a cocktail waitress and he was a frequent patron.
The two got married just six months after she first gave him her phone number.
She often had to shut down critics who judged her for marrying a much older, rich man.
DATING AGAIN
Erika said one time on RHOBH, "I've dealt with this forever: the younger woman that married the wealthier, older man.
"I mean, I'm tired of having to justify my 20-year marriage. Go get a 20-year marriage, then come f**king talk to me."
The RHOB star has spoken about still not being legally divorced from Girardi, saying last year, "Tom will be sentenced next month, and then who knows?"
"Being divorced is the least of my concerns," she concluded.
The reality star and singer also told The Daily Dish that she is open to meeting someone special again.
"I mean, am I dating? The answer is yes. Am I open to dating? Yes. Is there anyone in particular I'm dating? No, but I will say this, the women in my cast, we need — we're all single, because there's not a man to be found — we need to get out and socialize a little bit," she said.
Erika, who has one adult son from a previous relationship, says she knows what she's looking for in her next partner.
"I really need somebody to be intelligent. Please. Please, be intelligent and have the ability to hold a real conversation," she said.
"I can't. I'm just at a place in my life where I must have someone who can have a back-and-forth conversation, and I don't want to have it over text with a whole bunch of emojis. I'm a grown-up. Talk to me."
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