Legal expert Christopher C. Melcher says 'a deal is a deal' after Kevin Costner divorce hearing
Costner purchased the property before his marriage, and a pre-marital agreement allegedly stipulated that Christine Baumgartner would not only move out of the home within 30 days, but also no longer live in any of his properties if they divorced.
Kevin Costner's estrange wife, Christine Baumgartner, filed for divorce in May, and the former couple continues to tie up the multitude of loose ends in their 18-year marriage.
Baumgartner, 49, cited "irreconcilable differences" in her initial petition and claimed the pair separated on April 11.
Since the filing, Baumgartner was ordered by the court to leave the $145 million family beach house per an alleged pre-marital agreement stipulation signed when the couple married in 2004.
Baumgartner initially requested $248,000 in monthly child support and was awarded $129,755 for their three children. With new forensic accounting figures submitted to the courts, a judge will determine Thursday if the support order should be higher, lower or remain the same. We take a look at what is at stake for the estranged couple in their bitter breakup.
What is at stake for Kevin Costner and ex Christine Baumgartner in their divorce? (Getty Images)
The Academy Award-winning actor was previously married to Cindy Silva for 16 years before they split in 1994. Silva was reportedly given an $80 million settlement.
Costner and Silva have three children together, and he has one son from a previous relationship.
Carpinteria Compound
Costner purchased a massive, ocean-front property outside of Santa Barbara, California, prior to marrying Baumgartner.
Christine Baumgartner filed for divorce from Kevin Costner on May 1 citing irreconcilable differences. (Getty Images)
The 10-acre compound, which includes a baseball field, multiple residences and 500 feet of a private beach, was once listed in 2017 for $60 million, but Costner removed the property from the market before it was sold.
The estate is now worth an estimated $145 million.
KEVIN COSTNER TELLS COURT HE NEVER HAD AN AFFAIR, AS EX WIFE PETITIONS FOR MORE CHILD SUPPORT
One major contention in their divorce involved Baumgartner refusing to leave the multimillion-dollar residences after they broke up.
A pre-marital agreement allegedly stipulated that Baumgartner would not only move out of the home within 30 days, but also no longer live in any of his properties if they divorced.
Christine Baumgartner was also ordered to move out of their $145 million estate near Santa Barbara, California, in July, per the terms of the premarital agreement. (Dimitrios Kambouris)
Kevin Costner will pay Christine Baumgartner $129,755 per month in support. She requested $248,000. (Rebecca Sapp)
Baumgartner refused to leave the residence more than two months after filing for divorce, and Judge Thomas Anderle ordered her to vacate the premise, with a move out date set for July 31.
In his initial declaration, Costner claimed to have deposited $1 million into her account as part of their pre-marital agreement. The agreement also stipulated she received a total of $200,000 upon marriage and after their first anniversary. Costner said that sum has now grown to "$1,450,000, which she can use at her discretion, including to find alternative housing."
KEVIN COSTNER CLAIMS EX AVOIDING DIVORCE DISCUSSIONS, REQUESTS MONETARY SANCTIONS
Baumgartner responded to the courts saying that she has "not accepted the funds that Kevin attempted to transfer and requested they be returned pending that determination. Accordingly, the funds deposited in that account continue to belong to Kevin, and there is no reasonable explanation for Kevin’s insistence that Christine use those funds for fees."
She claimed Costner was being disingenuous with claims of doing the most [he] can reasonably do to make a divorce as seamless as possible for our children" as his actions showed "precisely the opposite" when he "sought to evict his wife and children from their home."
Kevin Costner and Christine Baumgartner were married for 18 years. (WireImage House)
Costner denied the allegation that he was "kicking" their kids out of the house, and said that the children would be in the home "during the time they are in my custody."
When Costner offered $51,000-per-month for custody, she wrote in a declaration, "I cannot provide housing and care for the children at anything close to their accustomed lifestyle with the $51,000/mo. Kevin proposes to pay in child support."
In documents obtained by Fox News Digital, Baumgartner is now living in a vacation rental until Sept. 1 before she moves into a $40,000-per-month rental in Montecito.
Money Matters
Baumgartner submitted a forensic accountant's report that showed Costner's actual gross cash flow for the 2022 calendar year as $24,518,887, or $2,043,241 per month.
She initially requested $248,000 monthly child support from Costner but will receive $129,755 per month according to a tentative ruling set by Judge Anderle in July.
The estranged couple will each be required to pay 50% of their three children's health care expenses, sports and extracurricular activities.
Kevin Costner's estranged wife, Christine Baumgartner, cited April 11 as their date of separation. (Getty Images)
The "Dances With Wolves" star and Baumgartner both filed for joint custody of their three children: Cayden, 16, Hayes, 14, and Grace, 13.
Costner will be required to pay $200,000 in attorney's fees and $100,000 in forensic costs.
Payments will be made on the "first of each month" with "credit for sums paid between July 1 and July 12," per court documents. She argued in end-of-August documents that Costner "underpaid the July child support" by $31,817.
What's Next
Costner requested Baumgartner pay $99,225 in attorney's fees and costs from his lawyers litigating the prenup in May and June, in documents obtained by Fox News Digital.
"Respondent incurred attorneys’ fees of $29,850 with Misho Law Group for work directly related to enforcement of the provision in the PMA (pre-marital agreement) that requires Petitioner to vacate Respondent's separate property residence," the documents stated.
KEVIN COSTNER, EX CHRISTINE ATTEND DIVORCE DEPOSTIONS IN SANTA BARBARA AHEAD OF HEARINGS
"That work included, but was not limited to: phone conferences and emails to and from co-counsel, phone conferences with the client, drafting, review and revision of the request for orders, review of Petitioner’s opposition pleadings, review and revision of Respondent’s reply pleadings and attendance at the hearing on July 5, 2023."
Kevin Costner also cut off estranged wife Christine Baumgartner from accessing joint credit cards. (Getty Images)
His main legal counsel, Laura Wasser, of Wasser, Cooperman & Mandles, wrote in the declaration that her practice had not yet "prepared invoices for time billed in July."
Pages of redacted invoices from Wasser, Cooperman & Mandles were included in the filing, which included a $5,100 "review and revise" of a client declaration, "legal research" for $2,250, and "Review - Airbnb homes in Montecito" for $612.50.
The total sum of hours and amount billed on the 27-page invoice was also redacted from court records.
At the end of August, he filed new documents requesting Baumgartner pay an additional $14,000 in attorneys' fees for refusing to answer discovery questions related to their pre-marital agreement.
"Petitioner Christine Costner has been given every opportunity and nearly three months to answer the straightforward discovery requests at issue. She persists in her refusal to do so," documents stated. "The Court ‘shall’ award monetary sanctions against a party who, like Christine, has acted ‘without substantial justification.’ Silly rhetoric, like calling this motion to compel ‘a press release masquerading as a pleading,’ just reinforces the gameplaying."
Kevin Costner and Christine Baumgartner will face divorce hearings on Aug. 31, Sept. 1 and Sept. 6. (Amanda Edwards)
Last week, the former purse designer requested a judge order Costner pay $175,057 per month in child support for their three children, retroactive to July 1, according to documents obtained by Fox News Digital.
An additional award of attorney fees in the amount of "$575,000 and expert costs in the amount of $280,000" was requested. The total sum includes the amount projected to cover Baumgartner's fees and expert costs through the November/December trial.
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"It is undisputed that Kevin Costner is a man of extraordinary wealth," the documents stated. "Unlike many family law litigants, Kevin can pay guideline child support, as well as make a further contribution to Christine's fees, without it making any meaningful difference in his life."
Costner claimed he did not engage in any extramarital affairs during their 18-year marriage, but "does not know for a fact" if Baumgartner had, after her legal team requested "all statements, receipts, invoices, canceled checks" and documents related to expenses paid by Costner or on behalf of the actor relating to an extramarital affair.
Costner's lawyers argued in his response that the demand was "only [for] purposes of harassment" and was not relevant to the subject.
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