Hilary Duff and estranged husband Mike Comrie seemed like they were going to work out issues in their marriage, but the former New York Islander “blew it” with the “Lizzie McGuire” star, Us Weekly reported Monday. The two were separated for a year, but Duff decided to end things -- officially -- in February, citing irreconcilable differences.

The couple shares a son, Luca, 2, and it was Comrie’s excessive partying that led the former Disney star to cut ties with her husband of four years. "Hilary finally realized Mike wasn't going to change," an insider told Us Weekly. "He totally blew it and chose to live life like he was single." Now, Duff, 27, is seeking primary custody of their son.

Comrie has behaved like this for some time, but there was a specific incident at famed steakhouse Mastro's in Beverly Hills that led her finally to file for divorce. He hit on the waitress repeatedly. The former hockey player was "calling her beautiful, telling her he wanted to take her out." When his advances didn’t work, the athlete "drunkenly threw money at [the other woman] and asked for sex," Us Weekly reported.

A source for the U.K.’s Daily Mail told a similar story: “I watched him as he blatantly and repeatedly hit on his waitress. I’m sure she was extremely embarrassed because other customers and staff saw this. She handled it well, remaining kind and professional.” 

Duff seems to be focusing on herself and recently shot a cover with Cosmopolitan magazine. “Here’s an exclusive shot from my @Cosmopolitan cover shoot, more tomorrow! X,” she wrote Monday. “Hilary is back and kicking a--,” the magazine says on its cover.

The singer-actress has not spoken publicly since she filed for divorce. Nor has Comrie issued a statement.

Some thought there was a chance they would get back together, especially after Duff used a term coined by Gwyneth Paltrow when she split from Coldplay front man Chris Martin. “We're uncoupled for now. ... If there wasn't a chance of getting back [together], we would have filed for divorce,” she said in September, according to the Daily Mail.

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