Tom Cruise Katie Holmes Divorce Details; Prenup?

After five years of marriage, Tom Cruise and Katie Holmes are getting a divorce, PEOPLE first reported.

"This is a personal and private matter for Katie and her family," said Holmes' attorney Jonathan Wolfe. "Katie's primary concern remains, as it always has been, her daughter's best interest", they shared in a released statement with PEOPLE exclusively.

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It is unclear whether divorce papers have been filed with the court, said TMZ.

TMZ has an exclusive photo of Tom photographed with another woman in Iceland two days ago. 

Katie has been in new York City all week wearing her wedding ring. 

TMZ was told Tom and Katie did have a prenuptial agreement.  "The net worth of both Tom and Katie is around $275 mil, but clearly Tom raked in most of that." 

The last time Tom and Katie were seen together in public was back in February.  She did not attend any of the "Rock of Ages" premieres, his latest movie release.

The "Rock of Ages" star, 49, wed actress Holmes, 33, in an Italian castle in November 2006. They have a daughter Suri, 6. 

This was Holmes's first marriage and the third for Cruise, who previously was married to actress Nicole Kidman, with whom he has two children, and actress Mimi Rogers.