And it is expected the disgraced host will have to dish out millions in the final settlement.
Lauer, 60, was infamously sacked by the Today Show following sexual harassment allegations while losing his $25 million a year salary.
The scandal torpedoed his marriage to Roque who retreated from public life with their three children
A source revealed: "He plays golf and sees his friends.
"His focus has been on the kids, and he knows there's nothing he can do apart from wait."
Roque, 48, fled to her native Netherlands after the scandal surrounding her husband grew.
Before his firing his net worth was estimated to be at least $60million.
Lauer has put several properties up for sale this year – in April, he put his lavish Upper East Side apartment on the market for $7.35million, after slashing $2million off the asking price.
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