- Actor Kevin Costner and his estranged wife are currently involved in a heated divorce case that has been in court since July.
- The judge sided with Costner, ordering his former partner to move out, while also awarding her $129,000 in child support.
- Legal experts believe that with these respective wins, the couple has a prime opportunity to settle the rest of their assets privately.
Amid a highly contentious divorce battle, actor Kevin Costner and his estranged wife have been provided an opportunity to resolve their public feud privately.
In July, a judge in Santa Barbara ruled that Christine Baumgartner must vacate Costner’s $145 million Santa Barbara compound by the end of the month, and also awarded her $129,000 in child support until the divorce is finalized.
Legal experts believe that given the judge’s favorable ruling towards Costner and the subsequent ruling in Baumgartner’s favor, it would be best for the couple to settle their remaining assets through private negotiations.
“If the parties were following sound legal advice, they would now choose to resolve the remaining issues privately and out of the public eye, as the court has already ruled on their most contentious issues: Baumgartner’s eviction from the house and Costner’s monthly child support payment of $129,755,” said Holly Davis, an attorney who specializes in high net-worth divorce cases at Kirker Davis LLP.
The judge’s ruling on child support came after Baumgartner requested $217,300, while Costner offered $51,940. The order specifies that Baumgartner will be responsible for half of their three children’s expenses, which Costner had previously covered.
Costner is seeking joint custody of the children, and the central point of contention in the case is the validity of the premarital agreement between the couple, which Baumgartner is challenging.
So far, the judge has upheld the validity of the premarital agreement, ordering Baumgartner to move out of Costner’s home, as stipulated in the agreement. However, the judge deviated from the prenuptial agreement when determining child support, which originally required Costner to pay $30,000.
Marilyn Chinitz, a divorce attorney and partner at Blank Rome, commented, “They both had something to lose. It’s a short-term victory for her and it encourages both people to try and reach a resolution.”
Baumgartner filed for divorce in May, and since then, the proceedings have been acrimonious, with both parties exchanging accusations through court filings.
While the judge rejected a claim for moving costs, the final determination of child support payments will occur when their assets are settled and the divorce is finalized.
This could motivate Costner to seek a swift and private resolution, as Baumgartner could potentially gain more marital assets through settlement talks rather than solely relying on child support.
“Costner might not be inclined to pay $129,755 per month and may prefer to conclude the case as soon as possible,” said Chinitz.
Lawyers representing Costner and Baumgartner did not respond to requests for comment.
Costner is also seeking $99,000 from Baumgartner to cover his legal fees incurred in defending the challenge to the premarital agreement.
Baumgartner, who has not declared any individual income in court filings, may also be motivated to avoid mounting legal costs, especially considering the potential changes in child support payments.
With a scheduled November trial approaching, the most efficient path forward would be to privately settle the remaining issues and assets, given the current judge’s tendency to favor Costner.
“In California, lawyers often turn to private judges to expedite the resolution process, which could be beneficial for everyone involved,” added Chinitz.
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