Jennifer Hudson has split from her long-time fiancé David Otunga, also taking out a protective order against him regarding the custody of their eight year old son – which he announced his intention to fight.

A spokesperson for the 36 year old actress and singer told Us Weekly on Thursday (November 16th) that the two had ended their nearly ten-year relationship, and that the situation had been disintegrating for some time.

“They have been in the process of ending their relationship for a number of months,” the spokesperson said. “Today, Jennifer requested and received a protective order against her ex-fiancé. Jennifer’s actions are solely taken in the best interest of their son.”

Jennifer HudsonJennifer Hudson has split from her long-term fiance

However, Tracy M. Rizzo, attorney for 37 year old former pro-wrestler Otunga, released a statement to People on the same day, indicating his intention to fight for custody of their son, David Otunga Jr.

“David Otunga has been trying to negotiate the terms of an amicable parenting agreement with Ms. Hudson for several weeks now,” the statement read, accusing Oscar-winner Hudson of deliberately obstructing the process and trying to gain an “unfair advantage” in the upcoming court battle.

More: Jennifer Hudson’s son “saved her life” after the 2008 murders of her mother, brother and nephew

“However, when it became apparent to Ms. Hudson that Mr. Otunga would be the parent granted residential care of the child, as a result of Mr. Otunga being the child’s primary caregiver while Ms. Hudson pursues her career all over the world, Ms. Hudson decided to file a meritless Petition for Order of Protection in an effort to gain an unfair advantage in the custody dispute,” Otunga’s statement continued.

Jennifer HudsonHudson with her son, David Otunga Jr.

“As a result of Mr. Otunga’s career in the WWE, Ms. Hudson felt that she could give an award-winning performance in court to portray herself as the victim. Mr. Otunga has never abused or harassed Ms. Hudson or their son, and it is unfortunate, especially in today’s climate, that she would feel the need to make these false allegations against him. Mr. Otunga looks forward to his day in court and in being awarded the residential care of the parties’ only child.”

Otunga proposed to Dreamgirls star Hudson in September 2008, after less than a year of dating. In August the following year, they welcomed their only child, now eight years old.

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