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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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