Kim has been very vocal about her 45th birthday celebrations On Instagram and according to People she has made it clear that Kroy was not invited.
Friday marked the former Don’t Be Tardy star’s first birthday since she and husband Kroy Biermann each filed for divorce earlier this month — and while it will be a family celebration for Zolciak-Biermann and her six children, a source tells PEOPLE the NFL alum will not factor into the festivities.
“She’s celebrating at home with all the kids,” says the insider. “Kroy is not invited to the celebration even though he’s in the house still.”
The source adds of Zolciak-Biermann: “She is in good spirits.”
Those good spirits were on display Thursday night as she posted several quick videos to her Instagram Story.
“Cheers to 45!” she said, clinking a glass of red wine with friends Brian Brady and Zach Baus, whom she called “my dates.”
On her big day, she posted a video of herself posing to Stevie Nicks’ “Edge of Seventeen,” as well as a still photo from the clip with the caption: “Thank you for all the birthday wishes. Love you all” followed by three pink double heart emojis.
According to court documents filed to the Superior Court of Fulton County and obtained by PEOPLE, the RHOA star witnessed Biermann, 37, smoking marijuana and “has serious concerns for the safety and well being of the minor children” under his care. She’s also “fearful” their younger children will be “exposed” to the substance he’s allegedly using.
The exes are parents to 9-year-old twins Kaia Rose and Kane Ren, 10-year-old son Kash Kade and big brother Kroy Jagger, 11. Biermann also adopted Zolciak-Biermann’s older daughters, 21-year-old Ariana Biermann and 26-year-old Brielle Biermann in 2013.
Biermann filed for divorce on May 5, while Zolciak-Biermann submitted a separate filing on May 8. The pair had been married for nearly 12 years.
Biermann has requested sole legal and physical custody of the pair’s four minor children, while Zolciak-Biermann requested primary physical custody of their children with joint legal custody. She has also requested spousal support and the restoration of her maiden name.
The former couple are currently residing in their Georgia home despite the divorce. “It’s easier for the kids for now,” an insider previously shared with PEOPLE. “But also, neither wants to move, and it will obviously get complicated.”
Another source recently told PEOPLE that “everyone expects this divorce is going to get really bad because neither of them will give in.”