Kandi Burruss Divorce Gets Ugly: Custody, Support, and Squatting Claims

TMZ reported this week that the divorce between Real Housewives of Atlanta star Kandi Burruss and her estranged husband Todd Tucker has taken a sharp turn from amicable to adversarial. According to the report, the couple has filed dueling court documents in Georgia, with Kandi accusing Todd of failing to pay child support or contribute to the children's expenses, all while traveling internationally and living rent-free in her Atlanta guest house. Todd reportedly fired back, claiming Kandi "unilaterally removed" him from the main residence and arguing that he should receive temporary primary custody because he has served as the children's primary caregiver while Kandi works on Broadway in New York.

Urban Belle Magazine provided additional details, noting that Todd is challenging the couple's prenuptial agreement and seeking primary physical custody of their children. The filings paint a picture that will look very familiar to anyone who has gone through, or is currently navigating, a contested divorce.

This is a Georgia case, and I am not going to speculate on the specific legal strategies of either party. But what I can do is break down why these exact issues come up in Florida divorces constantly, and how Florida law would approach each one.

When One Parent Relocates for Work: The Custody Tug-of-War

One of the most contentious aspects of this case appears to be the tension between Kandi's career in New York and Todd's role as the day-to-day parent in Atlanta. Todd is reportedly using Kandi's absence to argue he should be the primary custodial parent. Kandi, meanwhile, appears to be framing Todd as someone who is not pulling his financial weight.

In Florida, this dynamic plays out under what we call a time-sharing arrangement rather than traditional "custody." Since the 2023 overhaul of Florida's family law statutes, there is now a presumption that equal (50/50) time-sharing is in the best interests of the child under Florida Statute 61.13. But that presumption can be rebutted, and one of the factors courts look at is which parent has historically been the primary caregiver.

Here is where it gets tricky. If a parent voluntarily relocates more than 50 miles from their principal residence for work, Florida Statute 61.13001 governs relocation and requires either the other parent's written consent or court approval. A parent who moves to New York for a Broadway show without addressing the time-sharing plan could face real legal consequences in a Florida case, including the possibility that the other parent gains a greater share of time-sharing by default.

The takeaway: if you are a Florida parent whose career requires travel or relocation, you need to address the custody implications before you go, not after. Courts care deeply about stability and routine for children. If you are interested in how Florida handles these kinds of disputes, our post on custody evaluations in Florida walks through what courts actually examine.

Child Support During a Pending Divorce: You Cannot Just Stop Paying

Kandi's allegations that Todd has not been contributing to the children's expenses during the pending divorce touch on an issue I see regularly in my practice. During the period between filing for divorce and a final judgment, many parents assume they can simply stop paying for things, or that expenses will "get sorted out later."

In Florida, either parent can petition for temporary child support while the divorce is pending. Under Florida Statute 61.071, the court can order temporary support, custody arrangements, and even exclusive use of the marital home before anything is finalized. If a court orders temporary support and a parent fails to pay, that parent can be held in contempt of court, which carries serious consequences including fines and even jail time.

Moreover, Florida allows for retroactive child support in certain circumstances. If one parent has been shouldering the children's expenses alone during the divorce process, the court can go back and require the non-paying parent to reimburse their share. The lesson here is straightforward: do not assume the financial obligations pause just because the marriage is ending.

The "Squatting" Allegation and the Marital Home Problem

Perhaps the most tabloid-worthy detail is the claim that Todd is living rent-free in Kandi's guest house, which she has characterized as squatting. Todd reportedly counters that he was removed from the main home without his consent.

This kind of dispute over who gets to live where during a divorce is incredibly common in Florida, and it is rarely as simple as one side makes it sound. In Florida, both spouses generally have a legal right to remain in the marital home during a pending divorce, regardless of whose name is on the title. If one spouse wants the other out, they typically need to seek exclusive temporary use and possession of the marital home through the court under Florida Statute 61.071.

A spouse cannot simply change the locks and declare the other one a squatter. That said, if the property is separate (non-marital) property, meaning it was owned by one spouse before the marriage and kept separate, the analysis changes. In Kandi's case, the characterization of who owns what is likely complicated by their prenuptial agreement, which brings us to the next issue.

If you are dealing with questions about what happens to the home in a Florida divorce, our guide on refinancing the marital home during divorce covers many of the practical questions that come up.

Challenging a Prenuptial Agreement: Harder Than You Think

Reports indicate that Todd is challenging the couple's prenuptial agreement. In Florida, prenuptial agreements are governed by the Uniform Premarital Agreement Act, codified in Florida Statute 61.079. To successfully challenge a prenup in Florida, a spouse generally must prove one of the following:

• They did not sign the agreement voluntarily.
• The agreement was unconscionable at the time of signing, and there was not adequate financial disclosure.
• They were not given a reasonable opportunity to consult with independent legal counsel.

Florida courts tend to uphold prenuptial agreements unless there is strong evidence of fraud, duress, or a fundamental lack of disclosure. Simply being unhappy with the terms years later is not enough. In high-net-worth divorces like the Burruss-Tucker case, the prenup often becomes the central battleground because it determines whether millions of dollars in assets are on the table or off-limits.

What This Means for You

Celebrity divorces get the headlines, but the legal issues are the same ones regular families face every day. If you are going through a divorce in Florida and any of these themes sound familiar, here are the practical takeaways:

• Do not leave the marital home without a legal strategy. If your spouse is trying to force you out, or if you need exclusive possession, go through the court. Self-help measures usually backfire.
• If you are the primary breadwinner and your spouse is not contributing to the children's expenses, file for temporary support immediately. Do not wait for the final hearing.
• If your career requires relocation or significant travel, address the time-sharing implications proactively. Courts reward parents who plan ahead and penalize those who act unilaterally.
• If you have a prenuptial agreement, whether you want to enforce it or challenge it, get it reviewed by a Florida family law attorney early in the process. The validity of a prenup can shape the entire trajectory of your case.

If you are facing any of these issues in a Florida divorce, we are here to help you think through your options. You can schedule a strategy session to discuss your specific situation, or ask Victoria, our AI legal assistant, for general guidance on Florida divorce law.

Frequently Asked Questions

Can my spouse kick me out of the house during a Florida divorce?

Generally, no. Both spouses have a legal right to remain in the marital home during a pending divorce in Florida, regardless of whose name is on the deed. If one spouse wants exclusive possession, they need to petition the court for temporary exclusive use under Florida Statute 61.071. There are exceptions in cases involving domestic violence, where an injunction can require one spouse to vacate immediately.

What happens to child support if one parent travels or works in another state during a Florida divorce?

A parent's obligation to support their children does not pause because they are traveling or working out of state. In Florida, either parent can petition for temporary child support during the pending divorce. The court will calculate support based on both parents' incomes under the Florida child support guidelines in Florida Statute 61.30. If a parent is spending money on international travel while failing to contribute to the children's needs, a judge is unlikely to view that favorably.

How hard is it to challenge a prenuptial agreement in Florida?

It is difficult but not impossible. Under Florida Statute 61.079, a prenup can be invalidated if the challenging spouse proves it was signed involuntarily, that it was unconscionable and accompanied by inadequate financial disclosure, or that they were denied the opportunity to consult with independent counsel. Courts generally favor enforcing prenups, so the burden of proof is on the spouse who wants to set it aside. The strength of a challenge often depends on the circumstances at the time of signing, not the circumstances at the time of divorce.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice and should not be relied upon for legal decisions. Every divorce case is unique. If you are facing a similar situation, consult with a qualified Florida family law attorney. Contact Divorce.law for a strategy session.