The 27-year-old star submitted court documents to terminate their marriage after her estranged beau reportedly tried to pay a lady to get frisky with him at Mastro's restaurant in Los Angeles.
A source told Us Magazine that Mike was "aggressively hitting on" his waitress at the restaurant but when he was rejected he "drunkenly threw money at [the other woman] and asked for sex".
The insider added: "Hilary finally realised Mike wasn't going to change. He totally blew it and chose to live life like he was single."
Hilary, who has two-year-old son Luca with the former hockey player, called time on their three-and-a-half-year marriage in January last year, but insisted their split was amicable and she hadn't ruled out a reconciliation in the future.
The former couple were also spotted together over the past year and the actress admitted in November she still loved Mike.
The Younger star also previously said: "We're uncoupled for now...If there wasn't a chance of getting back [together], we would have filed for divorce..."
Hilary features on the cover of Cosmopolitan this month and shared a photo on her Instagram account:
Here’s an exclusive shot from my @Cosmopolitan cover shoot, more tomorrow! XA photo posted by Hilary Duff (@hilaryduff) on Mar 2, 2015 at 8:25am PST
Here’s an exclusive shot from my @Cosmopolitan cover shoot, more tomorrow! X
A photo posted by Hilary Duff (@hilaryduff) on Mar 2, 2015 at 8:25am PST
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