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Payne, 45, is asking the court to deny the 35-year-old Grey's Anatomy star any spousal support, which Oh requested when she initially filed for divorce in April 2005.
Their status as a married couple was officially terminated in Dec. 2006, but they have yet to settle their finances.
The pair were married in January 2003, but announced their separation in March 2005. Both cited irreconcilable differences as the cause for the split.
They have no children together.
JOSH & FERGIE: ROCKED BY SCANDAL
Did he cheat with a stripper?
Married less than a year, the couple denies an Atlanta woman’s claims that she and Josh had a fling
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