Kevin Costner’s Celebrity Divorce “Homeless Claim” Explained

[Source: News Nation]

Celebrity lawyer Peter M. Walzer, who is ranked as a best family law attorney in California, explains Kevin Costner‘s Celebrity Divorce Homeless Claims on News Nation.

From the red carpet to the streets actor Kevin Costner claims he’s homeless because his estranged wife won’t move out of their home.

Kevin Costner’s Prenup

Costner’s soon to be ex-wife. Christine Baumgartner filed for divorce after 18 years of marriage earlier this year, and Costner says their prenup agreement gave her 30 days to vacate the home. But she refuses to leave until Costner agrees to various financial demands. Costner’s attorney says he has already agreed to $1 million for Baumgartner’s new home, $200,000 for a down payment along with paying the mortgage and insurance for a year and $10,000 for moving expenses.

So joining us now is top family law attorney Peter M. Walzer, who specializes in high net worth complex divorce litigation.

We’ve all heard of celebrity splits. How unique is this case and who do you believe has stronger legal standing here?

Christine Baumgartner’s Legal Standing

(00:57):

“I think Baumgartner has stronger legal standing because there’s nothing Kevin Costner can do to get her out of the house. As long as she stays there, he can’t evict her. He has really no rights and I don’t think really there’s a lot of sympathy factor here. He’s got a house right next door he could live in. He’s paying the costs. Yes, he had a prenup, but it’s really unenforceable as related to the house. So I think she has a stronger case and she’s just using her leverage to get more money basically,” stated Peter M. Walzer, who is ranked as a best family law attorney in California.

Host (01:31):

We outlined that the couple does in fact have her prenup. You mentioned it as well. Um, how does that play a role in a case like this moving forward?

How Kevin’s Prenup Holds Up

(01:39):

“The prenup is strong as far as property, designating what’s separate and what isn’t. It’s probably a no community property agreement he paid according to the agreement. The only thing in question is a limitation on spousal support. I haven’t seen it, but I’ve seen it reported that she’s contesting the limitation and doesn’t say it’s fair. The court does have the duty to determine whether that limitation is unconscionable and that will be an issue for the trial court to decide,” stated the family law expert.

Host (02:12):

And you know, this has been so highly publicized as you well know, and it, there have been caricatures of what’s going on behind the scenes on both sides. We don’t know or can confirm any of it, but how big of a challenge is it for attorneys in the court courtroom when a case like this is so highly publicized?

Christine Baumgartner’s Leverage

(02:30):

“Well, really the hands are tied. Mr. Costner wants it confidential. Basically, California divorces are open and that puts him at risk. So basically she’s using the confidentiality as a leverage to get more money from him-that’s her only strength. There’s a prenup that basically limits what she can get and limits the amount of support and it’s probably going to be enforced. Her only leverage is to stay in the house and threaten to go public with all the facts relating to the prenup. He doesn’t want that, and it’s only a matter of how much money he’s willing to pay her to keep the confidentiality and get her out of the house,” explains the senior partner of top family law firm Walzer Melcher Yoda LLP.

Host (03:13):

So Peter, you have a lot of experience here. How do you see this playing out?

(03:18):

“I see a deal being made. At some point he’ll pay her more money, she’ll leave the house and they’ll try to keep everything confidential. The worst possible result for both of them is to go to trial. She runs the risk of not getting anything more and he runs the risk of having all the facts and the prenup exposed to the press as well as having her stay in the house for a year and a half,” stated international family law attorney Peter M. Walzer.

Host (03:43):

Always certainly wish the family well. A difficult time. Peter, thank you as always for your insight.