Kevin Costner has made it clear in new legal documents that he wants his estranged wife Christine Baumgartner to pack up and leave the family home, but the documents don’t say whether he also expects his three minor children to leave the house and go live with their mother or stay with him.
In documents obtained by TMZ, the 68-year-old “Yellowstone” actor cites a prenuptial agreement that Baumgartner signed before their 2004 marriage, which states that she has 30 days to pack up her belongings and vacate their home in the event of a divorce.

Baumgartner, 49, filed for divorce on May 1 after 18 years of marriage — a move that is said to have “blindsided” Costner because he thought they were “super happy” together. A source told Us Weekly last month that going through a divorce when he still has children at home was Costner’s “worst nightmare.”
Costner and Baumgartner share three children — sons Cayden, 16, and Hayes, 14, and daughter Grace, 13. The children, of course, were born after their mother signed that prenup, which, among other things, dealt with her living arrangements in the event of a divorce.
But it’s not known what living arrangements Costner has in mind for his children, and whether he expects them to also leave the place that they perhaps regard as their childhood home. The home in question is said to be a 10-acre, beachfront compound in Carpinteria, near Santa Barbara, according to the Daily Mail.
It’s been previously reported by TMZ that Costner and Baumgartner are both seeking joint custody. Still, Costner’s new court filing raises many questions with regards to the children. Does he hope that Baumgartner will find a new place near the Carpinteria compound so that the children can easily go back and forth between their estranged parents’ homes — with bedrooms and belongings set up in each place? How would this back-and-forth work with the kids’ individual schools, friends, activities?
Altogether, the Academy Award-winning “Dances With Wolves” director owns three homes, which he says are all in his name, TMZ reported. The compound in Carpinteria is valued at $145 million, the Daily Mail said. TMZ said it’s not surprising that the prenup segregates Costner’s property, given that his first marriage to college sweetheart Cindy Silva ended in 1994 with a record-setting divorce that cost the actor around $80 million, TMZ added.
Costner has accused Baumgartner of staying in the house as leverage to make him agree to her “various financial demands.” Perhaps Baumgartner is sitting tight to provide their children with a sense of stability as their parents split up. The handbag designer could very well see herself as the primary caregiver, given that the actor and director has admitted that he’s often away from home for months at a time, filming a movie or TV series.
But Costner’s filings make it clear he wants her out of the house. He said he’s already giving her $1.45 million, more than the amount stipulated in the prenup, which she could use towards renting or buying a new home. He also said he would be open to contributing $30,000 per month for a rental home, as part of his child support obligations, and is willing to advance her $10,000 for moving costs.
Following news that Baumgartner had filed for divorce, speculation went wild over her reasons for her wanting to end the marriage. Officially, she cited “irreconcilable differences.” Costner’s representative immediately shut down rumors that he cheated, telling Page Six that any allegations of infidelity are “absolutely not true.”
Whatever went wrong with his marriage, Costner finds himself once again dealing with his family breaking up at a time when he has children at home.
Costner’s first marriage to Silva ended when their children together were were 10, 8 and 6. The children are now now 38, 36 and 34. In a 2020 interview, Costner said his fear of going through another divorce almost kept him from marrying Baumgartner.
“Finally, there came a moment where maybe this doesn’t go forward,” Costner told “Extra,” according to Us Weekly. “Because I thought to myself, I could be divorced again, but what I couldn’t be is divorced again with children. That crushed me.”
Costner said he had to overcome that fear, “face life and go, ‘Are you gonna miss life, are you gonna miss love because you’re afraid?’” He said he finally realized: “I’m not gonna lose her because I’m gonna be afraid.”
After news broke of his split from Baumgartner, another source told Us Weekly that Costner is “deeply saddened” by the divorce and is “still trying to save his marriage.”
Officially, the “Dances with Wolves” director had his representative issue a statement on May 2, saying: “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.”
In other words, Costner’s rep was saying that the divorce wasn’t the actor’s idea and this was no “mutual decision.” The friend also told Page Six that Costner has been left stunned that his second marriage is ending. “I have no idea if Kevin even knows what the reasons are,” the friend said.
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