Brittany Fortinberry finalized her divorce from Nicholas Fortinberry on August 25, closing a marriage that had already been pulled into the shadow of her criminal case. She remains jailed while awaiting trial on 47 criminal charges.
The timing is what makes the filing matter now. Nicholas Fortinberry had moved to end the marriage in February 2025, and the divorce was completed while Brittany Fortinberry was still fighting the allegations and sitting in jail, leaving the family court case to catch up to a criminal matter that is still unresolved.
The settlement gives a basic split of property, but it also shows where the real value sat. Brittany Fortinberry received her personal belongings, including clothing, shoes and makeup. Nicholas Fortinberry kept a 2022 Chrysler Pacifica and a Toyota 4Runner. The couple also sold their shared home and agreed to divide the proceeds, which means the home was treated as a liquid asset rather than as a property one side would keep outright. Sole legal custody of the couple's child went to Nicholas Fortinberry, making the custody ruling a legal fact of the divorce rather than an open question left for later.
That last point matters because the criminal case did not disappear when the marriage ended. Prosecutors have alleged that Brittany Fortinberry sexually abused several teenage students over multiple years, supplied alcohol and controlled substances to minors and sent sexual messages and videos to 17 and 18 year old boys who served as her teacher assistants at Eminence Schools. Court records say the charges include sexual misconduct with a minor, dissemination of material harmful to minors and contributing to the delinquency of a minor. She has denied the allegations through the legal process.
The open issue is narrower than the marriage itself: if Brittany Fortinberry is ever released before the criminal case ends, the custody arrangement would not automatically reset. Sole legal custody already sits with Nicholas Fortinberry, so any change would have to come through a new legal step, not through release alone. For now, the divorce is finished, the child arrangement is set and the criminal case remains the part of the story still headed for trial.
