Kevin Costner & Cindy Silva: The $80 Million First Divorce That Should Have Taught Him a Lesson
They married before he was famous — no prenup meant she got $80 million when Dances with Wolves made him a star
Key Facts
What Happened
Kevin Costner and Cindy Silva met as students at California State University, Fullerton in the late 1970s. They married on March 23, 1978, when Costner was an unknown aspiring actor working odd jobs to support his dreams. Silva was his college sweetheart, and neither could have predicted the extraordinary success that lay ahead. They had three children together — Annie, Lily, and Joe.
Over the next 16 years, Costner became one of Hollywood's biggest stars. The Untouchables, Bull Durham, Field of Dreams, and Dances with Wolves (which he directed, produced, and starred in, winning seven Academy Awards) made him a global icon earning $14–20 million per film. Throughout this meteoric rise, the couple had no prenuptial agreement — an understandable omission when they married as broke college students, but a devastating one when their marriage ended.
Silva filed for divorce in 1994, citing irreconcilable differences amid rumors of Costner's infidelities during film shoots. Without a prenup, California's community property laws applied to every dollar Costner had earned during their 16-year marriage — which was virtually his entire fortune. The settlement was estimated at $80 million, making it one of the most expensive celebrity divorces in Hollywood history at the time.
The staggering cost of the Silva divorce apparently did not deter Costner from repeating the pattern. When he married Christine Baumgartner in 2004, he insisted on a prenuptial agreement — but the marriage still ended in a contentious 2023 divorce. Some legal observers noted the irony: the man who lost $80 million for not having a prenup had to fight to enforce the prenup in his second divorce. Together, Costner's two divorces form a comprehensive case study in the importance of prenuptial agreements and the reality that even learning from past mistakes does not guarantee future protection.
Legal Breakdown: Pre-Fame Marriage Without a Prenup
Pre-Fame Marriage, Post-Fame Divorce
When couples marry before one spouse achieves extraordinary success, the absence of a prenup means all post-marriage earnings are community property. Costner earned virtually nothing before the marriage and hundreds of millions during it, meaning Silva was legally entitled to half of nearly his entire fortune.
Community Property in Practice
California's community property system splits all marital earnings 50/50 regardless of who earned them. The theory is that marriage is an economic partnership, and a spouse who supports the family (even by staying home) contributes equally to the earner's success. The $80 million represented approximately half of Costner's accumulated wealth.
The Prenup Paradox
Costner's two divorces illustrate a paradox: having no prenup led to an $80 million loss, but having a prenup in his second marriage still resulted in contentious litigation. The lesson is that prenups reduce risk but do not eliminate it — the quality of the prenup and the circumstances of its signing matter as much as its existence.
What This Means for Your Divorce
- →If you marry before achieving financial success, consider a postnuptial agreement once your circumstances change significantly.
- →In community property states, a spouse who supports the family during the other's career rise is legally entitled to half of everything earned — even if they did not work outside the home.
- →Having a prenup is better than not having one, but the quality of the prenup matters enormously. A poorly drafted prenup can be challenged and overturned.
- →Past divorce experience does not immunize you from future divorce problems. Each marriage requires its own legal planning.
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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.