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Custody, Counterclaim, and Contested Prenup: Kandi and Todd’s Divorce Heats Up

Todd Tucker’s counterclaim seeks primary physical custody while challenging the enforceability of their prenuptial agreement and opening the door to asset division.

Todd Tucker, the estranged husband of “Real Housewives of Atlanta” alum Kandi Burruss, has filed a legal response in their divorce, asking for primary physical custody of their two kids, Ace (9) and Blaze (6). He is also challenging the validity of the prenuptial agreement they signed ahead of tying the knot in 2014.

Court documents filed Nov. 26 said their two kids are currently living in Georgia with Tucker while Burruss handles “out-of-state work obligations,” and that he would pursue primary custody, joint legal custody, and final decision-making authority if the parents can’t reach a deal. Todd’s filing noted, “The parties have been working cooperatively in an effort to resolve all issues, and [Tucker] remains committed to continuing those discussions in good faith.”

Tucker’s filing doesn’t attack Burruss as a parent. It expressly called her “a loving and capable parent,” and Todd said he hopes they can resolve matters “in good faith.” The filing does however, lay the groundwork for a broader fight over money if the prenup is thrown out. Tucker alleged he was pressured into signing the prenup just before their April 2014 wedding and that he didn’t have counsel present, and argued that those circumstances raise “substantial questions” about the contract’s enforceability. If the prenup is invalidated, Tucker said he will seek an equitable division of marital assets and could pursue alimony.

This is a rapid escalation since Burruss filed for divorce on Nov. 21, 2025. Her filing claimed the marriage was “irretrievably broken” with “no reasonable hope for reconciliation.” And when it comes to the kids, Burruss’ filing plead for joint custody, claiming it’s what’s best for them.

Still, the two reunited for the Thanksgiving holiday — a sign they’re maintaining civil contact while negotiations continue. Legal experts say claims that a prenup was signed under pressure are commonly raised in counterclaims but carry high evidentiary burdens; custody disputes hinge on what judges view as the children’s best interests, including stability and parental availability. 

For now, both sides said they prefer an amicable settlement. But with custody, asset division, and potential alimony now on the table, this split could become a drawn-out legal fight if negotiations fail. While Burruss deals with the emotional toll, she said she has no regrets about marrying Tucker.

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