Kevin Costner's estranged wife's 6-figure child support demands could weaken her divorce case after a judge sided with the actor in a major hearing, expert says

• On Wednesday, a judge ordered Kevin Costner's ex-wife to move out of their Santa Barbara compound by the end of July.
• After the ruling, a divorce attorney told Insider it appears the judge favors Costner and the prenup.

Kevin Costner's estranged wife may have to temper her six-figure child support requests in order to get the best resolution possible in her divorce battle with the actor, a divorce attorney told Insider.

During a Wednesday hearing, Costner scored the case's first victory after a judge ruled that his estranged spouse, Christine Baumgartner, had to move out of their Santa Barbara compound by the end of July — referring to a clause from their premarital agreement.

The ruling highlighted that the judge may continue to side with Costner as it related to other clauses in the agreement, like child support, Marilyn Chinitz, a divorce attorney and partner at Blank Rome, told Insider. Chinitz's former clients include actors Tom Cruise and Michael Douglas.

"The judge is basically saying this agreement is enforceable, and you contracted to vacate Kevin Costner's separate property home, I'm gonna hold you to it," Chinitz told Insider. "And that's a really bold move for a judge to make."

Baumgartner's child support asks are steep compared to the agreement

In recent filings, Baumgartner's legal team has lowered child support requests from $248,000 to $217,300 per month, and a clause in their premarital agreement requires Costner to pay $30,000 per month in child support if they divorce.

Both parties have admitted in court documents that the "Yellowstone" actor has covered all of the children's expenses, meaning that child support for Baumgartner would be intended to cover overhead for living expenses, food, and travel, which could weaken her case.

"I don't know many people who would need over $200,000 for those expenses," Chinitz said, of the per month figure, who added that the payments are non-taxable and non-deductible. "That's just unheard of."

After Baumgartner filed for divorce in May, Costner filed a motion to evict her from their marital home, citing a clause in their prenuptial agreement that he said gave her 30 days to move out after divorce proceedings began.

Costner's legal team has claimed that he paid Baumgartner $1 million for a new house as part of the premarital agreement and that he had offered to pay the mortgage, insurance, and taxes for a year, per court documents.

Lawyers for Costner and Baumgartner did not immediately respond to Insider's requests for comment.

In previous filings, Baumgartner said that Costner made $19 million last year and that he had covered the family's $6.6 million expenses.

Baumgartner has argued that she needs the money to secure housing, and to match the life of luxury that their three children are used to.

Judges in divorce cases like Costner's are not ruling on 'equality'

Chinitz told Insider that in celebrity divorce cases with one partner who was wealthy by the time of the wedding, like Costner, the court will consider the lifestyle the less fortunate partner enjoyed but not replicate it.

"There doesn't have to be equality, there has to be a semblance," Chinitz said. "It may not be a house on the beach, but it'll still be a lovely environment."

Costner's first wife, Cindy Silva, received an $80 million payout after their 1994 divorce. As a result of the divorce, Costner said that he inked a premarital agreement with Baumgartner that outlines his separate property, per court documents.

At a November hearing, a judge is due to rule on the enforceability of Costner and Baumgartner's premarital agreement as a whole, having already foreshadowed where he stands by validating the clause that will evict Baumgartner.

This week, Baumgartner balked at Costner's offer for $52,000 in child support, which would be higher than what they agreed to in the prenuptial contract.

After Wednesday, Baumgartner's best bet may be to avoid pushing litigation on the agreement further, Chinitz added.

"I think it would be wise for her to try to settle, and get the best bargain she can," Chinitz said.

Correction: July 7, 2023 — An earlier version of this story misstated who attorney Marilyn Chinitz has represented. She has not represented Cardi B.