Bijou Phillips Requests Spousal Support from Danny Masterson in Prison as Divorce Docs Indicate Exes Had No Prenup

Bijou Phillips is seeking spousal support in her divorce from husband Danny Masterson after he was recently sentenced to 30 years to life in prison in a rape retrial.

The actress (43) filed for divorce from That 70s show actress, 47, on Monday after nearly 12 years of marriage asked to “rescind the court’s ability to award child support” to Masterson, with whom she shares 9-year-old daughter Fianna, according to documents obtained by PEOPLE.

Phillips asked that she be granted full legal and physical custody of Fianna, while Masterson was granted visitation rights. She also requested that the court divide their assets as separate assets, without any indication in the papers that the exes had a premarital relationship.

She cited “irreconcilable differences” as the reason for their separation. The separation date is listed as “TBD.”

The filing also shows Phillips is asking Masterson to pay his attorney fees.

Bijou Phillips and Danny Masterson.

Jesse Grant/Getty; Joe Scarnici/Getty

Danny Masterson was sentenced to 30 years to life in prison for raping 2 women

“Ms. Phillips has decided to file for divorce from her husband at this unfortunate time. Her priority remains her daughter,” Phillips’ attorney Peter A. Lauzon told PEOPLE.

He continued: “This period has been unimaginably difficult for the marriage and the family. Mr. Masterson has always been there for Mrs. Phillips during the most difficult times of her life. Mrs. Phillips acknowledges that Mr. Masterson is a wonderful father to their daughter.”

Masterson’s defense attorney, Shawn Holley, did not immediately respond to PEOPLE’s request for comment. TMZ first broke the news of the split.

Everything you need to know about Danny Masterson’s wife, Bijou Phillips

Danny Masterson is seen blowing a kiss to wife Bijou Phillips during his sentencing on September 7, 2023.

Mona Shafer Edwards / BACKGRID

The filing comes after Phillips was in the courtroom — along with members of Masterson’s family — for the Sept. 7 sentencing, according to Diversity. The actor was seen blowing a kiss to his wife before being taken to jail in the court sketch.

A source told PEOPLE last week that the actress was “distraught” by the verdict. An insider said Phillips is “surrounded by family and friends” amid her husband’s legal troubles, adding: “She’s in contact with his lawyer. They’re planning appeals. She’s trying to stay hopeful.”

A Los Angeles Superior Court jury found Masterson guilty of two counts of rape in May, according to Los Angeles Times. After jurors deliberated for more than seven days, the third count of the indictment for rape resulted in the jury being dismissed, the paper reported.

Holley confirmed to PEOPLE after the verdict that Masterson plans to appeal.

Danny Masterson Controversy Timeline

A source previously told PEOPLE that Phillips is “shocked and devastated” by the conviction.

“She was not ready for judgment. She never expected him to be found guilty,” the insider said. “She couldn’t believe that he was immediately taken into custody and detained.”

The source added that Phillips was “terrified by the verdict”.

In 2020, Masterson was charged with the forcible rape of three women in separate incidents between 2001 and 2003. He was released on $3.3 million bail and later pleaded not guilty to all three counts in January 2021.

Danny Masterson visits DirecTV Super Saturday Night on February 6, 2016.

C Flanigan/Getty

Bijou Phillips filed for divorce from Danny Masterson after he received a 30-year-to-life sentence for rape

At the time, Masterson’s attorney, Tom Mesereau, issued a statement to PEOPLE saying, “Mr. Masterson is innocent and we are confident that he will be exonerated when all the evidence finally comes to light and witnesses have an opportunity to testify.”

“Obviously, Mr. Masterson and his wife are in complete shock that these nearly 20-year-old allegations are suddenly resulting in indictments, but they and their family take comfort in knowing that eventually the truth will come out,” he continued. Mesereau. “People who know Mr. Masterson know his character and know the allegations are false.”

All of the alleged crimes took place at Masterson’s home, prosecutors say, and all three defendants have taken the stand to detail their allegations in a May 2021 preliminary hearing.

Masterson was originally set to stand trial on the charges in late 2022, but the trial was mistrialed after jurors were unable to reach a unanimous verdict. Ten of the 12 jurors wanted to find Masterson not guilty based on the evidence presented.

Danny Masterson. Michael Buckner/Getty Images for the George Lopez Foundation

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Many of the allegations against Masterson first surfaced in March 2017 when the LAPD’s Homicide Robbery Division confirmed that an investigation into sexual assault allegations against the actor was underway. HuffPost then reported in November that a fourth woman had accused Masterson of raping her in the early 2000s.

In response to the allegations, Masterson was removed from the Netflix series Ranchin which he starred alongside his ex That 70s show actor Ashton Kutcher. Agency United Talent also terminated cooperation with the actor.

“This is beyond ridiculous,” Masterson told PEOPLE through his attorney at the time. “I’m not going to fight my ex-girlfriend in the media like she’s been baiting me for over two years. I’m going to beat her in court – and I’m looking forward to it because the public will finally be able to learn the truth and see how this woman surrounded me. And when her lawsuit is rejected, I intend to sue her and the others who jumped in to sue for the damage they caused me and my family.”

If you or someone you know has been sexually assaulted, contact the National Sexual Assault Hotline at 1-800-656-HOPE (4673) or go to rainn.org.

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