Though Bethenny Frankel is still technically married to Jason Hoppy and is fighting for custody of their daughter, she has found comfort in the arms of a new man: boyfriend Michael A. Cerussi III.

The Skinnygirl mogul, 43, and the fiance worker, 34, rang in the New Year together in Miami, according to the Jan. 20 issue of People.

"They made out pretty heavily at midnight," an eyewitness at South Beach's Mondrian hotel told the magazine. "They were cuddly all night."

Frankel -- who continues to share a New York City loft with Hoppy, 42, and their daughter Bryn, 3, while divorce proceedings of more than a year drag on -- the former reality star has started dating again.

Publications that did some digging into Cerussi's past found that he was accused of rape in 2000 while an undergraduate at Union College. A police report was never filed and no criminal charges were ever brought. Cerussi denied the charges and sued for defamation of character in 2001, following an expulsion from school.

The case was settled outside of court and the school reportedly reversed the expulsion.

Parties from both sides, and the school, did not respond to the magazine's request for comment. A source close to Frankel claims the allegation was "false and unfounded."

Frankel knows about the media scrutiny following her new romance and takes it in stride.

"When you date a talk show host in the public eye, this is what happens," the Frankel source added. "People look into your past."

In addition, it is not like the new couple is very serious yet. The insider added, "They are dating, [but] they're not exclusive."

"She's having a great time," said the source. "She's moving forward with her life."

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Bethenny Frankel, Jason Hoppy, Real housewives of new york city