Here comes the HE SAID SHE SAID.  Balthazar Getty states the obvious.  From UsWeekly...

Brothers & Sisters star Balthazar Getty and his wife of eight years, Rosetta, have separated, he confirmed in a statement Monday.

"The breakdown of a marriage is a very difficult and painful experience especially when children are involved," Getty wrote. "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."

The actor and oil heir was photographed smooching a topless Sienna Miller, 26, in Italy on July 12.

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

"Sienna is not a homewrecker," a source told Usmagazine.com. "It's been over with him and his wife for some time. I believe he'll be making an announcement shortly."

Miller, 26, knows a thing about two-timing: Her ex Jude Law famously cheated on her with his children's nanny.)

**SEE MORE STEAMY PHOTOS HERE***

...Despite what he says, Rosetta is saying that they were NOT seperated at the time he took up with Sienna.  And I tend to believe the woman with the 8 month old baby, and three other children over the philandering sack of s**t husband.