Kevin Costner’s first divorce court victory indicates estranged wife ‘may have overplayed her hand’: legal expert

Norman Ray

Global Courant

Kevin Costner’s estranged wife, Christine Baumgartner, could face an uphill battle in their divorce following the Oscar winner’s victory in court Wednesday.

A judge ordered Baumgartner to officially vacate their Santa Barbara-area estate by the end of the month, despite her request to remain at the family home until August. In addition, Judge Thomas Anderle sealed parts of the premarital agreement.

Kevin and Christine were married for 18 years and have three children together. She is requesting $248,000 a month in support, in addition to Costner fully covering the children’s school fees, 100% of their health care expenses, and their extracurricular activities and sports.

In his initial statement, Costner claimed to have deposited $1 million into her account as part of their premarital agreement. The agreement also stipulated that she would receive a total of $200,000 upon marriage and after their first anniversary. Costner said the amount has now grown to “$1,450,000, which she can use as she sees fit, including to find alternative housing.”

Christopher C. Melcher, celebrity attorney and partner at Walzer, Melcher and Yoda, told Fox News Digital that while Kevin may continue to contest the legal battle, Christine only has “one chance to win” as she claimed to have no money or income.

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Kevin Costner’s estranged wife, Christine Baumgartner, filed for divorce in May. (Amanda Edwards)

“Kevin can afford to lose $1 million fighting this; he can afford to even pay the support if he loses it,” he said. She has one chance to win. She doesn’t deserve this kind of money. She doesn’t have that much power.’

Costner has suggested paying about $52,000 per month. Her request was submitted following the publication of a report by a forensic accountant Costner’s actual gross cash flow for the 2022 calendar year as $24,518,887, or $2,043,241 per month.

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“He can take that loss much more easily, probably without even really feeling it on some level, but it would be devastating for her,” Melcher said.

“So the magnitude of the risk is greater for her than for him, even if they fight over the same amount of money, because he will always be rich. No matter how this turns out. I think maybe she overplayed her hand, that time to settle down would have been before she filed where she could have kept this quiet which would have made him happy.

Christine Baumgartner requests more than $200,000 a month in support from Kevin Costner. (Frazer Harrison)

Melcher insisted that Costner “wouldn’t get carried away either” because if the premarital agreement is rejected on the basis of a spousal support provision in court, Costner would be responsible for maintaining her marital standard of living, “which would cost an enormous amount money.”

“Kevin can afford to lose $1 million fighting this; he could afford to even pay the support if he loses it. She has one chance to win. She doesn’t deserve this kind of money. She does not have this level of assets.”

– Christopher C. Melcher, attorney

Sophie Jacobi-Parisi, partner in matrimonial and family law at Empty Romesaid a courtroom resolution between an estranged couple is always an easier solution.

“A private settlement is always better, especially when so much of their split is already in the news,” Jacobi-Parisi told Fox News Digital.

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Christine argued that the “Yellowstone” actor was disingenuous in claiming that he “does the most (he) reasonably can to make a divorce as seamless as possible for our kids” as his actions showed “quite the opposite” when he “sought to evict his wife and children from their home, and he is now offering to pay child support of $51,940 a month.

Kevin Costner and Christine Baumgartner were married for 18 years. (WireImage house)

WATCH: Legal expert Christopher C. Melcher gives his take on Kevin Costner’s divorce proceedings

“I think she will continue to seek the amount of support she needs to support herself and the children, especially now that she has to leave the marital home, according to the prenuptial agreement,” Jacobi-Parisi said.

Costner has denied the allegation that he is kicking their children out of the house, noting that the children will be in the house “during the time they are in my care”.

The ‘Dances With Wolves’ star and Baumgartner have both filed for joint custody of their three children: Cayden, 16, Hayes, 14, and Grace, 13. A hearing is scheduled for July 12 in the custody case.

“I think she will continue to seek the amount of support she needs to support herself and the children, especially now that she has to leave the marital home, according to the prenuptial agreement.”

— Sophie Jacobi-Parisi, lawyer

Kevin Costner has denied estranged wife Christine access to joint credit cards. (Getty Images)

Baumgartner said his $51,940 proposal was “inappropriate” for a number of reasons, stating that the amount is only “24% of guidance,” equivalent to 2.4% of his 2022 cash flow available for support .

His proposed aid is less than the monthly rent he received on one of his boarding houses, and less than the $68,000 per month he promised to pay in his statement filed June 8, 2023 in connection with his request for a. provisional provision.” she argued.

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“Kevin’s I&E (Income and Expenses) states that his own monthly expenses, including the children when they are with him, are $240,000 per month. This is nearly five (5) times the amount he believes Christine would have to pay for the children when they are with her.”

Kevin’s divorce from ex-wife Cindy Costner cost him $80 million (Ron Galella Collection)

Meanwhile, Costner alleged that Baumgartner had charged his credit card “over $100,000 in attorney and accounting fees” since April without authorization or his consent.

As a result, on June 16, he canceled her companion card and placed a limit of $15,000 per month to use in an emergency for their children, according to documents.

Due to the vast disparity in resources available to the parties, Christine is also requesting that Kevin advance an additional $350,000 in attorney fees and $150,000 in forensic costs, “with payments into a trust account by August 1.

“Kevin claims he should not have to pay any fees and costs for Christine to challenge the validity of the PMA (pre-marital agreement),” her lawyers argued. “He also regularly claims that the PMA is valid and that there is no evidence to the contrary. This is the legal equivalent of blowing the whistle.”

Baumgartner also responded to the courts that she “has not accepted the money Kevin attempted to transfer and is requesting a refund pending that determination. Accordingly, the funds deposited in that account remain Kevin’s property, and there is no reasonable explanation for Kevin’s insist that Christine use those funds for fees.”

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Tracy Wright is an entertainment reporter for Fox News Digital. Send story tips to Tracy.Wright@fox.com.

Kevin Costner’s first divorce court victory indicates estranged wife ‘may have overplayed her hand’: legal expert

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