Katharine McPhee was hoping her soon to be ex-husband Nick Cokas was going to play nice and pretend the couple was separated when she was publicly caught cheating with the director of Smash. In her divorce documents she listed a date of separation that would have put her in the clear. Her husband filed his own documents though and says the date of separation was actually a year later and he can easily prove it with e-mails and texts and other evidence which means that Katharine is probably going to just not even respond publicly. She wants it all in the past. The only way it will be brought up is if there is a trial to determine when the pair did separate. At stake? Some Smash money that Nick probably wants a piece of and whatever other money Katharine earned in that year of dispute. Nick is also asking for spousal support.