Kevin Costner & Christine Baumgartner: The Prenup War That Shook Montecito
She challenged the prenup — the judge sided with Costner and the original contract
Key Facts
What Happened
In May 2023, Christine Baumgartner filed for divorce from Kevin Costner after 18 years of marriage. Almost immediately, the case became a masterclass in prenuptial agreement litigation. Baumgartner challenged the prenup she had signed before their 2004 wedding, arguing it was unconscionable and that she had been pressured into signing it without adequate time or independent legal counsel.
The financial stakes were enormous. Costner's net worth was estimated at $400 million, bolstered by his decades-long career and his role as the star, producer, and director of the Paramount series 'Yellowstone.' Baumgartner initially requested $248,000 per month in child support for their three children, arguing that the family's lavish lifestyle — private jets, multiple estates, and a dedicated staff — required extraordinary support to maintain.
The prenup battle took center stage. Costner's legal team produced evidence that Baumgartner had her own attorney review the agreement before signing, and that she had, in fact, negotiated changes to the original draft. A Santa Barbara judge upheld the prenup, finding it was entered into voluntarily and with adequate disclosure. The ruling was a significant defeat for Baumgartner's financial claims.
The judge ultimately set child support at $63,209 per month — a fraction of what Baumgartner had requested. The case also featured a dramatic sub-plot about the couple's Carpinteria estate: the prenup required Baumgartner to vacate the home within 30 days of filing, and Costner had to go to court to enforce the provision. The divorce was finalized in February 2024, with the prenup's terms largely intact.
Legal Breakdown: Prenuptial Agreement Enforcement
Challenging a Prenup: The High Bar
To invalidate a prenup in California, a spouse must prove it was signed under duress, without adequate disclosure of assets, or without access to independent legal counsel. Baumgartner had her own lawyer review the agreement, which fatally undermined her challenge.
Child Support vs. Spousal Support
In California, child support is calculated using a guideline formula considering income, time-share, and tax implications. But courts can deviate when the payor's income is extraordinarily high. The judge found that $63K/month was sufficient to maintain the children's lifestyle without becoming disguised spousal support.
Enforcement of Residency Clauses
The Costner prenup included a clause requiring Baumgartner to vacate the family home within 30 days of separation. Such move-out provisions are enforceable in California if they are part of a valid prenuptial agreement, even if they seem harsh.
What This Means for Your Divorce
- →If you sign a prenup with your own lawyer present, challenging it later is extremely difficult. Get it right before the wedding.
- →Courts distinguish between child support and spousal support. Inflated child support requests that look like hidden alimony will be rejected.
- →Prenups can include residency clauses that require you to leave the family home. Read every provision carefully before signing.
- →Having independent legal counsel review your prenup is essential — but it also means you cannot later claim you did not understand what you signed.
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This article is based on publicly available court records, news reports, and legal analysis. It is provided for educational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this content.
Divorce laws vary by jurisdiction. Always consult a licensed attorney in your area before making legal decisions.