The `Rock of Ages` star and his actress wife - who have been married for five years - have confirmed they have split, with Katie`s attorney Jonathan Wolfe saying she wants to do what is best for their six-year-old daughter Suri.
He said: "This is a personal and private matter for Katie and her family. Katie`s primary concern remains, as it always has been, her daughter`s best interest."
It is not known if divorce papers have yet been filed in court.
Tom - who has been married twice before to Nicole Kidman and Mimi Rogers - wed the former `Dawson`s Creek` actress in an Italian castle in November 2006.
He is believed to currently be in Iceland filming new movie `Oblivion` while Katie is in New York.
Tom recently gushed about his wife saying he loved her "creativity" and claiming their relationship was "very special".
He said: "She is an extraordinary person, and if you spent five minutes with her, you`d see it. Everything she does, she does with this beautiful creativity. She has a voice and warmth as an artist, as a mother. She`s funny and charming, and when she walks into the room, I just feel better.
"I`m a romantic. I like doing things like creating romantic dinners, and she enjoys that. I don`t know what to say - I`m just happy, and I have been since the moment I met her. What we have is very special."