Jennifer Hudson & Fiancé David Otunga Split After Being Engaged for 9 Years 

American soul singer Jennifer Hudson and her fiancé David Otunga, 37, have split after 10 years together.

They are now battling for custody of their 8-year-old son David Jr.

According to reports, the estranged pair are said to have been separated for some months now and this week Jennifer, 36, went to court to ask for a protective order to keep Otunga, a retired wrestler away from her.

The order was granted yesterday and a representative for the Oscar winner has confirmed news of the split, PEOPLE learnt.

A spokesperson for Otunga has hit back at Jennifer, accusing her of using the protective order to gain an unfair advantage against him in their custody battle over David Jr,.

READ ALSO: Jennifer Hudson in No Hurry to be Married yet as She Enjoys Her 9 Year Long Engagement

Otunga’s lawyer Tracy M. Rizzo said in a statement:

”David Otunga has been trying to negotiate the terms of an amicable parenting agreement with Ms. Hudson for several weeks now.

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.

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Ms. Hudson decided to file a meritless Petition for Order of Protection in an effort to gain an unfair advantage in the custody dispute.

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.

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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.

Otunga looks forward to his day in court and in being awarded the residential care of the parties’ only child.”

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The American Idol alum and Otunga got engaged in 2008 after less than a year of dating. They welcomed David Jr. in 2009.

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