Hilary Duff and Mike Comrie have been separated for over a year. 

In February, Hilary filed for divorce after five years of marriage due to "irreconcilable differences" and on April 16, her husband filed his divorce response in Los Angeles Superior Court.

According to E! News, Mike is now asking for joint legal and physical custody of their 3-year-old son Luca in his document. 

The document states that: "Spousal support shall be determined pursuant to the terms of the parties' Prenuptial Agreement.'"

The singer had previously asked for primary custody of their son, but with visitation rights for Mike. 

At the time of their separation, Hilary's rep said: "They are dedicated to loving and parenting their amazing son, and ask for privacy at this time," so they remained friends. 

Hilary recently opened up to Cosmopolitan about her ex, stating that: "Mike and I were very in love when we met. We both really wanted to get married. I'd been working since the age of 11 or 12, so making that choice at a young age seemed right for me."