The 'Desperate Housewives' actress filed documents to legally separate from the basketball player at Los Angeles Superior Court on Wednesday (17.11.10).
The petition states "irreconcilable differences" as the reason for the break-up.
Eva is seeking spousal support from Tony and is also asking for her maiden name to be restored. The court documents also state that the date of the separation is still to be determined.
The pair - who got engaged in November 2006 - had a fairytale wedding on July 7, 2007, tying the knot in front of guests at the Chateau of Vaux le Vicomte - a 17th Century castle located on the outskirts of Paris, France.
The ceremony followed a small civil service the day before.
The split has shocked the showbiz world and it was only in September that Eva, 35, insisted she and Tony, 28, were still "very much" in love.
She said: "Romance is rooted in love - we love each other very much - and also in humour. We have a lot of fun and we laugh a lot.
"We always have date nights. We prioritise each other in our lives and schedule our plans together so everything else falls in between."
