Halle Berry is splitting from her husband, French actor Olivier Martinez.
The actress and 49-year-old Martinez are divorcing, ET can confirm. The two have been married since July 13, 2013, and have one son together, 2-year-old Maceo
. Martinez and Berry filed separately for divorce on Tuesday, citing irreconcilable differences and asking for joint custody. In documents obtained by ET, the date of separation on both filings is listed as Oct. 26.
"It is with a heavy heart that we have come to the decision to divorce," Berry and Martinez said in a joint statement to ET on Tuesday. "We move forward with love and respect for one another and the shared focus of what is best for our son. We wish each other nothing but happiness in life and we hope that you respect our and, most importantly, our children's privacy as we go through this difficult period."
Over the summer, the 49-year-old Extant
star stirred up split rumors, when she was spotted multiple times without her wedding ring, although she had reportedly lost it
. However, during an August appearance on Jimmy Kimmel Live!
, she was spotted wearing some new jewelry on her ring finger that was not her wedding ring
While the couple's last red carpet appearance was in February at the Treats! Magazine Oscars party, the two have been spotted together as recently as Oct. 17, when they attended a Halloween carnival fundraiser at their son's school.
Just last week, the two were hit with a $5 million lawsuit over an alleged incident with an LAX employee that happened on Jan. 4. Ronaldo Owens claims that Martinez "brutally and intentionally charged at him using an empty child's car sear he held in his hands as a weapon, striking [him] to the ground with the seat, and causing [him] humiliation and injury."
At the time, Owens says he was in a designated area in the corridor that Martinez and Berry were being escorted down that is used for high profile passengers, and was trying to take video and photos of them along with other employees.
This marks the Oscar-winning actress' third divorce. Berry was previously married to baseball player David Justice and singer Eric Benet. She also dated model Gabriel Aubry, with whom she has one daughter, 7-year-old Nahla.
ET caught up with Berry in July at Comic-Con, when she was all about her CBS sci-fi series, Extant.
"There's a lot of sexual energy," Berry teased about the upcoming season. "We didn't have that last year."