Tom Girardi, Erika Jayne’s Ex-Husband, Sentenced for Fraud – Are You Liable for Your Spouse’s Crimes?

Tom Girardi, Erika Jayne’s Ex-Husband, Sentenced for Fraud – Are You Liable for Your Spouse’s Crimes?

Reality TV star Erika Jayne, 53, has opened up about the emotional fallout from the sentencing of her estranged husband, Tom Girardi, 86, who was recently handed a prison term of more than seven years for wire fraud.

Once regarded as a titan of the legal world, Girardi was convicted of embezzling millions in settlement funds from his own clients. Despite a diagnosis of Alzheimer’s, doctors found him competent enough to face trial.

For Erika, who filed for divorce back in 2020, the emotional wreckage has been overwhelming. “Emotionally destroyed” is how she described herself, betrayed by a man she “loved and trusted.”

Erika Jayne, who filed for divorce in 2020, confessed she has been “emotionally destroyed,” describing the betrayal by someone she “loved and trusted.”

While much of the media attention has centered on the scandalous celebrity drama, the case raises serious legal questions about the rights and responsibilities of spouses caught in the wake of financial crime.

Are You Liable for Your Spouse’s Financial Crimes? 

Let’s get one thing straight: in most cases, you’re not going to jail for something your spouse did. Criminal liability is individual. But that doesn’t mean you’re totally in the clear.

If your name is on a shared account, if property was purchased with stolen money, or if you unknowingly enjoyed the perks of their scheme, like luxury trips or expensive gifts, your financial world could still get turned upside down.

Prosecutors can (and often do) go after anything that was bought with dirty money, even if you didn’t know where it came from. It’s called civil forfeiture.

Sounds technical, but it boils down to this: if something was funded by fraud, the government might come knocking, whether it’s your car, your house, or even your wedding ring.

Divorce and Financial Restitution: What’s at Stake?

In Girardi’s case, the court ordered him to pay back more than $2.3 million, plus a $35,000 fine. But what happens if a couple is in the middle of a divorce when one spouse gets convicted?

Timing is everything, especially in community property states like California, where anything acquired during the marriage is considered jointly owned. Even if that money was stolen.

If you’re the innocent spouse, the courts might still divide the assets, but they’ll weigh whether you had any clue what was going on.

If you can prove you were kept in the dark and can show that you’ve kept your finances separate, there’s a better shot at avoiding entanglement in repayment or forfeiture battles.

In these cases, having solid documentation and a good attorney isn’t just helpful, it’s critical.

Conservatorships and Competency: A Legal Gray Area

Back in 2021, Girardi was placed under a court-ordered conservatorship, largely due to his Alzheimer’s diagnosis. His legal team argued that he couldn’t be held accountable for crimes he might not fully understand. And while that may seem reasonable, the law isn’t always black and white.

In federal court, mental competency isn’t about what diagnosis you have, it’s about whether you understand the charges against you and can participate in your defense. In Girardi’s case, doctors said he could.

So the trial moved forward. His conservatorship didn’t protect him from prosecution, and that surprises a lot of people.

It’s a reminder that even if someone is under guardianship or conservatorship, they can still be found legally responsible, if they’re deemed competent at the time of trial.

What Can You Do if You Suspect Your Spouse Is Committing Fraud?

 

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A post shared by Erika Jayne (@theprettymess)

Nobody wants to imagine their partner is hiding something serious, but financial crimes often start quietly. A missing check. An unexplained deposit.

A lavish gift that seems out of place. If something doesn’t sit right, it’s worth paying attention.

Protecting yourself legally doesn’t mean accusing anyone, it just means staying alert. Keep your accounts separate if you can.

Don’t co-sign anything unless you understand it fully. And if something really feels off, talk to a lawyer, quietly. You don’t have to go public, but you do need to be smart.

And if you’re ever served with a subpoena or named in a case, don’t try to handle it alone. Get your own legal counsel, immediately.

People Also Ask

What happened to Erika’s husband Tom?
Tom Girardi was convicted of wire fraud and sentenced to over seven years in federal prison for embezzling millions of dollars in client settlement funds while working as a high-profile attorney.

Where is Tom Girardi now?
As of 2025, Tom Girardi is serving his sentence in federal prison. Despite his Alzheimer’s diagnosis, he was found competent to stand trial and convicted accordingly.

Does Erika Jayne still talk to Tom Girardi?
Erika Jayne has publicly stated that her relationship with Tom Girardi is strained. She filed for divorce in 2020 and has indicated limited, if any, communication with him since his legal troubles escalated.

How much is Erika Jayne currently worth?
Estimates of Erika Jayne’s net worth vary, but as of 2025, most sources place it between $2 million and $5 million, factoring in her Real Housewives salary, music career, and ongoing legal costs.