The Oscar winner is seeking nearly $100,000 from his estranged wife for challenging the terms of their prenuptial agreement
Kevin Costner’s estranged wife Christine Costner has slammed his effort to have her pay nearly $100,000 of his legal fees, calling it “unreasonable.”
In court documents filed Thursday and obtained by PEOPLE, lawyers for the 49-year-old mother of three have asked the court to deny the Oscar winner’s request ahead of a scheduled heading on the matter set for Aug. 2.
The actor/director, 68, previously made the request based on a clause in their prenuptial agreement.
The prenup outlines 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.”
Kevin’s attorneys have maintained that Christine violated the terms of the prenuptial agreement by refusing to move out of the Santa Barbara, California, home where they lived with their children, sons Cayden, 16, and Hayes, 14, and daughter Grace, 13.
According to the agreement, Christine had 30 days to vacate the property — worth a reported $145 million — after filing for divorce. She filed a petition for dissolution of marriage on May 1, meaning the deadline has long-since passed.
Kevin has claimed he racked up the significant amount in attorney’s fees in an effort to get her to move.
California Superior Court Judge Thomas Anderle, who is presiding over the case, has set a trial for November to determine the validity of the premarital agreement.
Christine’s attorneys noted that date in their Thursday filing, stating, “Instead of waiting just a few months until the scheduled November trial, which will resolve what portions of the Premarital Agreement (“PMA”) are enforceable, Kevin chose to bring this separate, premature [request for order].”
“He asks this Court to order Christine to pay him nearly $100,000, the amount he claims it cost him to boot her (and the couples’ three children when they are with her) out of their 17-year family residence,” they continued.
They claimed the amount he is requesting is “extraordinary,” “excessive” and “not properly documented.”
“At all times,” they continued, “Christine negotiated in good faith and was willing to move out with reasonable child support in place.”
At previous hearings, Judge Anderle temporarily awarded Christine $129,755 per month in child support and ordered her to move out of the Santa Barbara home by July 31.
Last week, Judge Anderle granted Kevin’s request to block Christine from removing certain items from the home when she leaves.
“Christine shall be permitted to remove her toiletries, clothing, handbags and jewelry,” according to the July 14 order. She is prohibited, however, from taking “any other items of property including, but not limited to, furniture, furnishings, appliances and artwork.”
Christine is currently on vacation in Hawaii with her children, and she was spotted with financier Josh Connor during the trip.