Balthazar Getty confirmed in a statement that he and his wife have separated following the release of photos of the "Brothers & Sisters" actor kissing a topless Sienna Miller in Italy on July 12.

"The breakdown of a marriage is a very difficult and painful experience especially when children are involved," Getty says in the statement. "In light of the fact that many pictures have surfaced in print and on the Internet which has caused myself and my family great embarrassment, I felt it necessary to at least acknowledge publicly that yes indeed my wife and I have separated and I will not be commenting any further."

Click here to see a picture of a topless Miller and Getty

Meanwhile, Miller is suing over the stories and pictures of her holiday with Getty, reports The Guardian. Claiming invasion of privacy, she is taking action over two articles that appeared in the News of The World. Miller's legal representative, Mark Thomson, a partner at London law firm Carter-Ruck, confirmed that he had filed the papers.

Getty, 33, and Rosetta welcomed their fourth child in 2007.

Last week, a source told Usmagazine.com that "Sienna is not a homewrecker," saying "it’s been over with [Getty] and his wife for some time. I believe he’ll be making an announcement shortly.”

Miller, 26, has been quietly dating Getty for "at least two months," a source told People magazine.

Getty, who has a tattoo of his wife's name on his chest, married Rosetta in May 2000.

"It's humiliating," a friend told People. "Rosetta left the country to protect the kids, and he continues to see Sienna publicly."

Miller recently split with actor Rhys Ifans and once dated Jude Law.

Click here to read more in Usmagazine.com