According to Entertainment Tonight, which obtained the court documents filed on Friday, Costner said Baumgartner has not moved out of his southern California house, despite a clause in their prenuptial agreement necessitating she vacate. Costner, 68, claimed the agreement, which was signed when the couple married in 2004, gives Baumgartner 30 days to exit the property after filing for divorce.
Since Baumgartner, 49, filed for divorce on May 1, the 30-day deadline has passed. She cited “irreconcilable differences” as grounds for the divorce.
In the new legal filing, Costner argued the prenuptial agreement gave him exclusive possession and use of his separate property residences in the event of divorce.
He alleged Baumgartner has not vacated the property in an attempt to get Costner to meet “various financial demands.” The details of the financial demands are not clear.
“Christine’s agreement to move out was and is unconditional. Indeed, independent of the PMA (pre-marital agreement) she has no right to occupy Kevin’s separate property residence,” the memorandum reads, according to Fox News. “Kevin has acted in good faith and had done everything in his power to make the transition as seamless as possible.”
Costner went on to claim that he has already given Baumgartner US$1.2 million (almost CA$1.6 million) as part of the prenuptial agreement. The actor said he is additionally prepared to pay a $200,000 ($264,560) downpayment for Baumgartner’s new residence. TMZ separately reported that Costner offered $10,000 (about $13,230) for moving costs and an additional $30,000 (nearly $39,680) for monthly rental costs.
The actor also claimed to have paid some of Baumgartner’s lawyer and accountant fees and said he has created a temporary child support proposal. Costner’s lawyers wrote that he has agreed to maintain a financial status quo for Baumgartner and will pay for all of the expenses of their three shared children, Cayden, 15, Hayes, 14 and Grace, 12.
Neither Costner and Baumgartner have commented publicly on the memorandum.
At the time Baumgartner filed for divorce in May, a representative for Costner released a statement to Entertainment Tonight.
“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,” the statement reads. “We ask that his, Christine’s and their children’s privacy be respected as they navigate this difficult time.”
Costner and Baumgartner were married for 18 years.