Their pre-marital agreement had rules about making legal challenges against the agreement
Kevin Costner now wants his estranged wife Christine to pay for his legal fees incurred for litigating their prenuptial agreement.
According to court documents filed Monday and obtained by PEOPLE, the actor/director, 68, is requesting that Christine, 49, pay his $99,225 in legal fees. (A court date about the matter is set for Aug. 2.)
Part of their prenup outlined that if either party retained counsel to “enforce or prevent a breach” of the agreement, “the prevailing party … shall be entitled … to be reimbursed by the non-prevailing party for all costs and expenses incurred thereby.”
Costner’s filing also “respectfully reminded” the court that he set aside $1.5 million in a bank account for Christine as part of the prenup — funds she has said she doesn’t want to touch so as to jeopardize her legal standing in the divorce.
In a previous filing, Christine, a former handbag designer now unemployed, and her legal team wrote, “Due to the vast difference in resources available to the parties, Christine is also requesting that Kevin advance an additional $350,000 in attorney’s fees and $150,000 in forensic costs.”
Her July 5 filing also called out Costner’s quest to have her pay his legal fees.
“Kevin asserts that he should not have to pay fees and costs for Christine to challenge the validity of the PMA [pre-marital agreement]. He also regularly claims that the PMA is valid and that there is no evidence to the contrary. This is the legal equivalent of whistling past the graveyard.”
They added, “However, Kevin’s focus on the PMA at this point is premature and is completely irrelevant to Christine’s RFO for child support and fees. … As the Court can see by the pleadings at this early stage, the fees and costs will be substantial because Kevin’s finances are complex, and also because Kevin is doing all that he can to minimize his obligation to his children.”
Christine previously asked for $248,000 per month in child support for their three kids: Cayden, 16, Hayes, 14, and Grace, 13. She claimed that amount is still “less than the amount needed to maintain the children in their accustomed lifestyle,” and also asked that Costner pay their private-school tuition, extracurricular activities and sports costs, and health-care expenses.
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Costner responded by calling Christine’s request “highly inflated and unsubstantiated“: “Providing the minor children with more than bare necessities does not require providing ludicrous extravagance designed to primarily benefit the supported parent.”
The couple married in 2004 with a prenup in place a decade after Costner reportedly paid ex-wife Cindy Silva $80 million in his first divorce. Christine filed for divorce on May 1, listing their date of separation as April 11.