Lawyer Unravels Kevin Costner's Side Of Christine Baumgartner's Harsh Divorce Claims - Exclusive

In May, People confirmed that Kevin Costner's wife, Christine Baumgartner, filed for divorce from the actor after 18 years of marriage. "It is with great sadness that circumstances beyond his control have transpired which have resulted in Mr. Costner having to participate in a dissolution of marriage action," a rep for the "Yellowstone" star told the outlet, adding, "We ask that his, Christine's, and their children's privacy be respected as they navigate this difficult time." Since then, things have gotten a bit contentious. According to court documents, Costner and Baumgartner have clear terms laid out in a prenuptial agreement that says that if one of them files for divorce, that person has 30 days to vacate their shared home, according to Us Weekly. The problem is – Baumgartner reportedly won't leave.

Baumgartner claims that she doesn't have enough money to move out. "Kevin is trying to force my concession that the spousal support limitation is valid by virtue of my 'acceptance' of these funds. I believe that Kevin's goal is to get me to tap into this money so he can argue that I've waived my right to challenge the premarital agreement," Baumgartner claims. Nicki Swift wanted to get a professional take on the matter, so we reached out to family law attorney Holly Davis of Kirker Davis in Austin, Texas, to break things down.

Kevin Costner & Christine Baumgartner's children's stability trump their pre-marital agreement, lawyer says

Kevin Costner's wife claims she doesn't have to leave the home because of the three children she shares with her ex. In court documents, Christine Baumgartner argues that the children change the terms of the prenup — and so, Nicki Swift asked attorney Holly Davis if this was valid. "When a parent is the primary caregiver to children, and the children's needs are not anticipated in a premarital agreement because they were not born yet, then the children's needs for stability and their effective kickout under the terms of the premarital agreement would be a reason to refuse to abide by the premarital agreement," Davis explained. "The argument is that the children's needs for stability and their status quo with their mother as their primary caregiver trump any kickout order under a premarital agreement that didn't address what would happen in the event of the parties having children who lived in that home, too," she added.

And then, there's the issue of child support. Baumgartner is asking for $248,000 per month in child support for the former couple's three children, but according to People, Costner isn't on the same page. Instead, he is willing to pay $38,000 a month, as well as "100% of certain child related costs, including private school tuition, books, fees," and more. Costner also says he already paid Baumgartner $1 million — so now what?

Kevin Costner & Christine Baumgartner just aren't seeing eye to eye

Christine Baumgartner seems to suggest that the $1 million payment from Kevin Costner is some kind of bullying tactic — so we asked Holly Davis about that, too. "Costner likely provided this sum to Baumgartner as part of the terms of his premarital agreement that he is trying to enforce. If Costner were to satisfy his obligations under the premarital agreement, and Baumgartner were to accept his payment or at least start using it, he would have a defense that the premarital agreement should be enforced because the terms were satisfied by his payment and her acceptance of his payment, in addition to his detrimental reliance on her acceptance of the payment. Here, because she is contesting portions of the premarital agreement, she would not want to follow the terms of the premarital agreement, but Costner would," Davis explained. For these reasons, Davis doesn't feel that the lump sum payment is a bullying tactic. 

Davis says that Baumgartner shouldn't accept the money since she's contesting said agreement — specifically because she's asking for more money. "She would like an updated amount, not the amount owed to her under the premarital agreement. Costner would want to show that he's complied with the premarital agreement, which is the lesser amount, and argue that she's in violation of the agreement, which is what we're seeing play out in the media," Davis said. Something tells us this divorce isn't going to be settled anytime soon.