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Jamie Foxx spends the day with Katie Holmes and Suri Cruise before her first day of school

This month will mark five years since Katie divorced Tom Cruise, which is allegedly how long she had to wait to publicly date another man.
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Jamie Foxx was spotted paying a visit to his not-so-secret girlfriend Katie Holmes — and he brought some treats for her daughter Suri Cruise. The Oscar-winning actor pulled up to her house with some frozen yogurt, which the girls definitely enjoyed.

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Earlier in the day, Katie, 38, and her 11-year-old daughter with Tom Cruise spent the day back-to-school shopping in Calabasas. Wearing a red plaid shirt, faded blue jeans, and oversized sunglasses, Katie kept it casual alongside Suri, who looked like she was ready to attend a dance class.

WATCH: Katie Holmes gushes about her generous Suri is.

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According to the Daily Mail, onlookers saw Jamie, 49, making his way through the same area shortly after and stopping at Menchie’s for the cool treats. He then proceeded to make his way to her gated mansion in his Mercedes Benz SUV.

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Despite being photographed in public multiple times, the couple has yet to confirm rumors they are dating. However, Life & Style previously reported that Katie and Jamie are secretly planning to tie the knot. “They would want it to be a quiet, under-the-radar ceremony in a romantic spot like Italy or the coast of France,” the insider said.

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Earlier this summer, the brunette beauty flew out to Paris to spend a few days with Jamie as he filmed Robin Hood, and they enjoyed a few days holed up at the luxe Park Hyatt Paris-Vendôme. The only thing stopping them from taking their relationship public is Katie’s ex-husband.

WATCH: Katie Holmes expertly avoid a Tom Cruise question.

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According to Radar Online, there is a stipulation in Katie’s divorce from Tom, 55, that prevents her from publicly dating another man for five years after their split.

“Katie signed a clause in her quickie divorce settlement that prevents her from embarrassing Tom in various ways, like talking about him or Scientology, or publicly dating another man for five years after the divorce,” a source said.

“She’s allowed to date, but she cannot do so in a public fashion, and she’s not supposed to let any boyfriend near their daughter Suri.”

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The insider added, “Katie wanted out of the marriage so badly, she agreed to the terms — and got $4.8 million in child support, plus another $5 million for herself.”

Luckily for the couple, this month marks five years since her divorce.

This story originally appeared on Life & Style Mag.

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