Pregnant Kelly Rutherford Splits from Millionaire Husband

Pregnant Kelly Rutherford Splits from Millionaire Husband
Kelly Rutherford with Daniel Giersch
Michael Williams/Startraks

01/03/2009 AT 12:35 PM EST

Pregnant Gossip Girl actress Kelly Rutherford and her husband of two years, German entrepreneur Daniel Giersch, are calling it quits.

Rutherford, 40, who is three months pregnant, filed for divorce on Dec. 30, citing "irreconcilable differences," according to papers obtained by PEOPLE.

Giersch filed for legal separation the same day, a source tells PEOPLE.

Giersch and Rutherford, who is expected on the Gossip set in New York Tuesday, also have a 2-year-old son, Hermes.

This is Rutherford's second marriage.

Rutherford’s rep couldn’t immediately be reached for comment.

TMZ first reported the news of the divorce.

Reporting by KEN LEE

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