When Kevin Costner's first wife left him, the Oscar-winning actor was forced to pay her $80 million by the state of California, one of the most punitive divorce settlements in Hollywood history. Keen not to make the same mistake twice, Costner had his second wife, Christine Baumgartner, sign an ironclad prenup that, as written, was a solid deal for both.
Under the terms, Costner paid Baumgartner $100,000 on their wedding day, and on their first anniversary, and in case of divorce, promised her $1 million upfront, $200,000 to purchase a new home, and one year of tax and insurance payments. But one of the clear terms was that in case of divorce, the second wife was contractually obligated to vacate all of Costner's three homes, including his primary Carpinteria residence that he purchased 16 years before marrying Baumgartner.
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Well, Baumgartner evidently blindsided Costner, filing for divorce in the no-fault state. But to make matters worse, Baumgartner is refusing to vacate the Carpinteria home, which is solely owned by Costner, and has racked up nearly six figures on his credit card to pay for attorneys and a forensic accountant. Now, Baumgartner - a one-time "handbag designer" whose business diversions were bankrolled by Costner - is asking for nearly $250,000 in child support from Costner, who already pays for 100% of the children's expenditures.
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Although California family courts are famously misandrist, prenups do not "expire" under state law. While courts will invalidate a prenup if it includes absurd terms or if either party doesn't have independent counsel when signing the agreement, the Costner prenup likely will not be voided on those grounds, by all available accounts.
Absent later revelations of adultery and abuse (and neither party has provided evidence of either offense), this case is perhaps the platonic peril of what critics of no-fault divorce in community property states fear. A woman with no demonstrable career success to speak of can leave her husband for no specific reason, kick him out of his house, and charge his credit cards to destroy him in violation of a signed and sealed prenup - and while the abandoned husband in question has already offered to pay for another house for her. We'll see what the courts wind up doing, but thus far, Costner's case is a cautionary tale for successful men in California considering whether to get hitched or hold out.
Tags: Opinion, Beltway Confidential, Marriage, Family Issues, Divorce, courts, California
Original Author: Tiana Lowe Doescher
Original Location: Kevin Costner's wife wants to take his house, use his credit card, and get $250,000 a month