Mary-Kate Olsen has officially filed for separation from her estranged husband of almost five years, Olivier Sarkozy.
According to court records obtained by PEOPLE, the 33-year-old fashion designer filed in New York County Supreme Court on Monday, May 25, the day New York City courts reopened after closing amid the ongoing public health crisis.
Want the Top 5 news stories of the day delivered straight to your inbox before you even wake up? Sign up for the Fame10 Top 5 newsletter and receive 5 breaking news stories every morning!
According to the Internal Business Times, Chief Administrative Judge Lawrence Marks announced last week that the electronic filing system in New York City’s five boroughs will reopen on Memorial Day, accepting both new lawsuits and separation filings (even those deemed non-essential).
Olsen requested an emergency order to file for separation from Sarkozy on May 13, per court documents. The former actress reportedly signed a petition to separate the 50-year-old French banker on April 17, but due to the ongoing public health situation, New York courts weren’t accepting any separation filings at the time – except emergency cases.
She cited fears of being forced out of their New York City apartment by her estranged husband and being at risk of losing her personal property in an emergency affidavit, which sought the court to grant her application for separation “an essential matter.”
Yet, on May 14, Olsen’s request for an emergency order was denied by a New York State Supreme Court judge. Matrimonial attorney Bernard Post told PEOPLE this was because Olsen’s filing did not rise to the level of a true emergency.
“Domestic violence is an emergency, perhaps refusing to provide health care is an emergency. I want to be divorced because I want to be divorced now is not an emergency,” the New York City attorney said.
Olsen and Sarkozy wed in November 2015, but didn’t agree on several issues that ultimately led to their split.
One of the primary issues that caused friction in their marriage was whether or not to have children, said a source. Sarkozy, who already has two grown children with ex-wife Charlotte Bernard, didn’t want to have more kids, while Olsen wanted children.
“A few years ago, having a baby was not a priority for her. This has changed,” the insider revealed.
“Olivier has two grown kids and doesn’t want more,” a fashion source told PEOPLE. “Mary-Kate thought he would budge on that and he hasn’t.”
However, it wasn’t only children that drove the pair apart, it was also their lifestyles.
“Olivier is a party boy and a big spender,” said a banking source shared with PEOPLE. “He loves the high life.”
While Olsen, who runs two clothing brands called The Row and Elizabeth and James with her twin sister Ashley, has a more reclusive lifestyle.
“Mary-Kate prefers to be quiet and alone and doing the things she likes,” a fashion source said. “She’s not that interested in socializing—she likes small gatherings with select people. They ended up being apart quite a bit.”
Also, the fashion designer’s commitment to her career also led to disagreements with Sarkozy. “Mary-Kate is extremely hard working and focused on her business. Her work schedule is beyond disciplined,” a source told PEOPLE. “She is the type of person who would never complain about a 12 hour work day. Olivier never understood her drive and passion. He would have loved to have a stay-at-home wife.”