Three years after they married, actress Eva Longoria is divorcing her basketball star husband Tony Parker. The filing, which occurred in Los Angeles, came just a day after her rep quashed rumors that Parker had filed for divorce in Texas.

The Desperate Housewives star’s divorce petition cites the standard “irreconcilable differences” for the split. Rumors abounded for quite some time that Parker had been unfaithful but Longoria stood by her man until this week. Her longtime friend, actor/TV host Mario Lopez told People magazine that Parker had cheated on Longoria earlier in the marriage but they tried to work through it. Longoria reportedly discovered recently that Parker had kept in touch with his mistress via Facebook. She also discovered hundreds of text messages between Parker and another woman.

TMZ now reports that Parker’s latest girlfriend is Erin Barry, wife of Parker’s former teammate Brent Barry. Brent Barry played with Parker for the San Antonio Spurs from 2004-2008. The Barrys are in the midst of a divorce as well.

Longoria is seeking spousal support from Parker (he just signed a contract extension with the Spurs two weeks ago, worth $50 million over the next four years). Parker has played for the Spurs since 2001, winning three NBA championships – all prior to their 2007 marriage.

Interestingly, the couple has a prenuptial agreement which was signed a few weeks before their July 7, 2007 wedding. Their agreement was amended two years later. The petition says their date of separation is still to be determined (but I’m guessing that Longoria is going to argue that the separation was definitely AFTER that contract extension was signed, especially if it included a signing bonus or guaranteed funds).

Generally, in a high-profile, high net-worth situation such as this one, a prenup will cover spousal support. The parties will either agree that it will not be paid or that it will only be paid upon certain conditions – such as passage of a certain amount of time or infidelity on the part of the paying party.

Because Longoria can certainly support herself and the marriage was very short, an award of spousal support (absent a prenup provision to the contrary) would be somewhat surprising. So, I’m wondering if the agreement didn’t include a morality clause of some sort which requires Parker to pay support in the event that he is unfaithful. As open as Longoria has been with her pal Lopez and the media thus far, it wouldn’t shocking to hear the details of the prenup from the actress herself!

Longoria is represented by longtime family law attorney to the stars, Lance Spiegel.

Library Topics: divorce, adultery, spousal support, prenuptial agreement, family law attorney