TMZ report that the star is requesting joint custody of their three minor children, however claims Eve is asking for sole custody with visitation for Ewan.
Ewan was married to Eve for 22 years and the couple share four daughters, including Clara, 21, Esther, 16, Jamiyan, 16, and Anouk, six.
After over two decades of marriage, the pair split in May however did not publicly announce the news - yet six months later he was pictured kissing Mary, 33.
Mail Online has contacted representatives for Ewan for comment.
While Ewan has seldom discussed his family life in public, he spoke in a 2011 interview about trying his best to be around his children as much as possible.