The couple married in 1999 after meeting in West Hollywood, and Erika filed for divorce in 2020 following allegations that Girardi embezzled millions from his law firm’s clients. Despite the filing, legal proceedings have been stalled for over four years.
Jim Wilkes, Erika’s lawyer, told The US Sun, “I don’t know that the divorce will go anywhere. He’s not competent to defend it… I don’t think he’ll live long.” He added that Erika may have to wait “until he dies” before any legal closure can occur.
While Erika has not been criminally charged, she faces a $24 million lawsuit from Girardi’s bankruptcy trustee over claims that she benefitted from fraudulent financial transfers. Wilkes said, “Erika was left with nothing in her name. Tom has nothing, what he had they found and they liquidated.”
Girardi’s mental competence has also been the subject of legal scrutiny, with courts struggling to decide whether he should be placed in a medical facility or prison. “He was competent enough for trial, but not competent enough to decide what to do with him,” Wilkes said.
Despite personal and legal turmoil, Erika has continued appearing on RHOBH since 2015 and recently confirmed she is dating again. Speaking on her current relationship status, she said, “I really need somebody to be intelligent. Please… I’m a grown-up. Talk to me.”