Jennifer Hudson and fiance David Otunga split after 10 years together

They got engaged back in 2008 but never married – and now Jennifer Hudson and her fiance David Otunga have split up.

The couple are said to have been getting to this stage for a “number of months”, and the Dreamgirls star was granted a protective order against David, who she has eight-year-old son David Jr. with.

Jennifer’s rep confirmed to PEOPLE: “They have been in the process of ending their relationship for a number of months.

“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.”

But the protective order has not gone down well with David’s attorney Tracy M. Rizzo, who blasted the Hollywood actress, claiming she is trying to “gain an unfair advantage” in the pair’s custody battle.

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

Tracy insists David has “never abused or harassed” Jennifer or their son, and claims the former American Idol star is “portraying herself as the victim”.

She added: “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.”

Former pro wrestler David, 37, asked Jennifer to marry him back in 2008, after less than a year of dating.

The pair welcomed Daniel a year later but never did marry.

Jennifer suffered a family tragedy shortly after getting engaged when her mother Darnell Donaldson, brother Jason and seven-year-old nephew Julian King were murdered. Her sister’s estranged husband William Balfour was convicted.

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