Bijou Phillips & Danny Masterson Were Not Living Apart for 5 Years at the Time of Divorce Filing

The actress was recently by the actor's side when he was sentenced to 30 years in prison after being convicted on two counts of rape.

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In contrast to initial reports, Bijou Phillips, 43, and Danny Masterson, 47, were not living apart for five years when she filed for divorce on September 18. The actress, who has stayed by her husband’s side at his sexual assault trial, said that their nine-year-old daughter Fianna has lived only with her in Santa Ynez, CA since 2018, in the documents. She also reportedly said that for the first four years of their daughter’s life, she lived with both her and Danny in their $6.2 million Hollywood home, which they sold in 2021.

However, Bijou’s lawyer clarified that Danny had also lived in the residence but not “at this moment” due to his imprisonment, per Us Weekly.

The news comes after Danny was spotted at the same Hollywood home before he was sentenced to 30 years in prison after being convicted on two counts of rape in May. He was sometimes spotted at the Santa Ynez home before the sentencing, and it was believed that he and Bijou were still living together in the new home.

Danny Masterson, Bijou Phillips
Danny and Bijou were married in 2011. (Neil Rasmus/BFA/Shutterstock)

After Bijou’s divorce filing went public, her lawyer, Peter A. Lauzon, released a statement to TMZ. “Ms. Phillips has decided to file for divorce from her husband during this unfortunate time. Her priority remains with her daughter,” the statement began. “This period has been unimaginably hard on the marriage and the family. Mr. Masterson was always present for Ms. Phillips during her most difficult times of her life. Ms. Phillips acknowledges that Mr. Masterson is a wonderful father to their daughter.”

The divorce court documents reported Bijou and Danny’s date of separation as “TBD” and cited the standard “irreconcilable differences” as the reason for the split. Bijou also asked her estranged husband to pay for spousal support and attorneys fees, and requested  that her legal last name be restored to Phillips, in the documents. Additionally, she asked for “legal and physical custody” of their daughter but will “allow visitation for Danny.”

Bijou and Danny were married in 2011 before they welcomed Fianna in 2014. The divorce filing came as quite a shock to the public since just days before, a source told PEOPLE that the blonde beauty had “no plans” to end her marriage to Danny. “She has had a very difficult time since the conviction,” the insider said. “She loves Danny and has no plans to file for divorce. She will be by his side for it all.”