36-year-old La La, is 'proceeding with legal discussions' for the future of couple.
Carmelo, 35, was photographed last week on yacht with model Sara Smiri, 28.
La La celebrated her birthday in Manhattan on same day as yacht photos.
Carmelo claimed that the woman on the yacht was with her husband and family.
La La shrugged off his absence saying he'd sent her 'some nice gifts'.
The couple have been married since 2010 and share a 12-year-old son.
They called it quits in April 2017 before reuniting in late 2018.