Kevin Costner and Christine Baumgartner are getting divorced after 18 years of marriage. Recently, Baumgartner was ordered by the court to vacate their marital home. In this article, we will discuss that order in further detail and discuss whether Pennsylvania courts can do the same.
Who Are Costner & Baumgartner?
Kevin Costner is a highly respected actor, filmmaker, and musician. His big break came when he played Jake in the western film Silverado (1985), which led to his role as Eliot Ness in The Untouchables (1987). He went on to star in many successful films, including Field of Dreams (1989), Dances with Wolves (1990), JFK (1991), and The Bodyguard (1992). Costner also directed and produced several films, including Dances with Wolves, which won numerous awards, including seven Academy Awards.
Christine Baumgartner is an American handbag designer and former model. Baumgartner designs handbags under the label Cat Bag Couture, which are available in boutiques near the couples' 160-acre ranch in Aspen, Colorado.
She started her career in modeling before she ventured into designing handbags. She has been married to Kevin Costner since September 25, 2004, and they have three children together. Costner also has four older children from previous relationships. Despite being married to one of Hollywood's biggest stars, Baumgartner keeps a low profile in the media.
Baumgartner is Costner’s second wife. He was previously married to Cindy Silva, and she filed for divorce in 1994.
Kevin Costner & Christine Baumgartner Divorce Timeline
Baumgartner filed for divorce on May 1, 2023, and Costner filed his response the following day, May 2. Following the TMZ story, Costner’s representative made a statement asking that the couple and their children be allowed privacy and time to navigate this transition.
Reportedly, Costner did not want to divorce but is not fighting Baumgartner to change their situation. Baumgartner has already been seen around town without her ring.
The couple’s divorce was confirmed by one of the actor’s representatives in early May 2023. According to Baumgartner’s divorce petition, the couple’s date of separation as April 11, and she cited the reason for divorce as irreconcilable differences. Sources have claimed that these differences arose because Baumgartner was unhappy with Costner’s work schedule and tendency to allow his career to take precedence over their relationship and family.
Baumgartner requested joint custody, and Costner requested the same in his petition. In Coster’s petition, he references their prenuptial agreement as it relates to property division, spousal support, and legal fees.
Baumgartner has also asked for $248,000 a month in child support for their three children. According to her petition, this figure was calculated based on the children’s accustomed lifestyle, tuition needs, healthcare expenses, and extracurricular sport/activity costs.
Costner has called out his soon-to-be-ex and claims that this amount of support is grossly inflated. Recently, he offered to pay a little under $52,000 per month in support, which Baumgartner believes is inappropriate.
The two are currently still in negotiations concerning their divorce settlement, but the case seems to remain contentious and less than amicable. Baumgartner claims that Costner is using the media and public opinion to attack her and pressure her decisions, especially as it relates to her having to move out of their marital home.
Christine Baumgartner Ordered to Leave Shared Home
According to the couple prenuptial agreement, Baumgartner must vacate their home, which is owned by Costner, within a month of filing for divorce. On June 14th, Baumgartner had yet to leave the home, and allegedly, she was refusing to leave to better negotiate other terms of their divorce with Costner.
Coster filed a request for order to have Baumgartner removed from their home. While Baumgartner’s attorney alleged that there is not enough legal basis for her removal, the court has ruled in favor of Costner and required her to move out by the end of July.
Can a Spouse Be Removed from a Home During Divorce?
In Pennsylvania, both parties do have the right to remain in the marital home or on marital property while the property division settlement and divorce is being finalized. In some cases, though, the court can ask one party to vacate their home during the divorce or afterwards.
It is important to note that a spouse cannot lock the other out of their marital home if they do not have a court order. Even if your spouse voluntarily left the home previously, they still have the right to:
return to and enter the property,
collect their personal items (i.e. separate property), and
move back in—should they choose.
A party can ask for exclusive possession and use of the marital home to bar the other party from their shared home. To obtain exclusive possession, a spouse can:
File for a restraining order or protective orders, if it can be proven that they are at risk of violence, intimidation, mental torture, or danger.
File a motion petitioning the court to award them with exclusive possession, if there is no risk of violence or danger.
Get Legal Help
Cairns Law Offices is committed to helping our clients file uncontested, no-fault divorces without breaking the bank. If you need help filing a divorce petition, drafting a debt division agreement, handling child custody/visitation or support, or navigating other divorce-related matters, our firm is here to help you.
Learn more about how we can help you by calling (888) 863-9115.
