The waters are looking choppy for Kevin Costner's estranged wife Christine Baumgartner. According to a new set of legal documents filed by Costner's lawyers, People reports that Christine may end up having to forfeit her $1.5 million divorce settlement by challenging the couple's prenuptial agreement.
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"If Christine, in any manner, challenges or assists in the challenge of the validity or enforceability of any provision of this Agreement, she shall lose any and all rights to receive any payment, Property or Interest from Kevin pursuant to this Agreement," the agreement reads.
According to lawyers People has spoken to who have weighed in on the matter, these clauses are actually quite common. In fact, there have been far more constricting terms that bind that other couples have ended up agreeing to, which could come as a shock.
As far as what Baumgartner has already come away with, Costner has paid out the $1.5 million she is entitled to, according to the prenup signed in 2004. She, however, had requested that Costner cover her attorney fees for the divorce proceedings. This came with a swift denial from Costner's team, who quoted the agreement she is bound to with the clause above.
Instead, Costner's lawyers believe Baumgartner should be handling the fees, and instead have countered that it seems she is challenging the prenup in a way that could see her lose the payout she's already been awarded.
"Should any party contest the validity of this Agreement, or claim it is invalid in whole or in part, that party shall be liable to the other party for all witness, attorney, accounting and appraisal fees and costs incurred by the party defending the validity of this Agreement in the event this Agreement or any contested portion of it is adjudicated to be valid and binding," the agreement reads.
There has been no immediate resolution to the case just yet, but Baumgartner's attorneys do claim that there has been "no determination" at this juncture by the courts that the agreement is actually able to be enforced. Still, the document is quite black and white -- and if Baumgartner's move is taken as a challenge, she could end up in a worse off position than before.
