We’re Getting Divorced – But My Spouse Won’t Move Out

Actor Kevin Costner’s wife Christine filed for divorce in May, yet Costner claims she has not moved out of their home per the terms of their prenuptial agreement.

According to the celebrity gossip site TMZ, “Kevin says according to their prenup, Christine had 30 days to vacate the home he owns when she filed for divorce on May 1, but she still hasn’t left.” Costner is now turning to the court to enforce the prenuptial agreement and force her to vacate the house. TMZ, which claims to have read the court documents, reports:

Kevin claims he’s already given her a whopping $1.2 million per his obligations under the prenup — and says overall, the amount he’s shelled out has grown to around $1.45 million … money she now has available to lock down a new place.

The docs even say he’d be open to contributing as part of his child support obligations $30K per month for a rental house and is willing to advance another $10K for her moving costs.

Costner owns all three of the couple’s homes and the prenup states Christine must vacate upon filing for divorce.

The importance of a prenuptial agreement

TMZ has previously reported the couple’s prenup noted that the couple owns none of the homes jointly, and upon divorce, “one of the provisions is that Christine must vacate Kevin’s homes.” They also note it’s not surprising Costner owns his property outright – his first divorce cost him a whopping $80 million. The current agreement should protect him, and it will soon stand the test in court.

Of course, you don’t have to be a movie star or be married to one to need a prenuptial (also called a premarital) agreement. Everyone should consider one. Here’s how a prenup can help you and your future spouse.

• Asset protection. A premarital agreement allows individuals to protect their premarital assets, inheritances, and family businesses from being subject to property division during a divorce. This can be especially relevant when there is a significant disparity in wealth between the partners.
• Clarity and predictability. A premarital agreement provides clarity and predictability in terms of how assets will be divided and how financial matters will be handled in case of a separation or divorce. It can help avoid conflicts and lengthy legal battles by setting clear expectations and procedures.
• Debt protection. Prenups can address the division of debts acquired before the marriage, protecting each partner from being held responsible for the other’s pre-existing financial obligations.
• Business interests. If one or both partners own a business or have a stake in a business, a prenup can specify how those interests will be handled in the event of a divorce. This can help protect the business and ensure its continued operation.
• Preservation of family relationships. A premarital agreement can help preserve family relationships by preventing potential conflicts over assets and finances. It allows couples to openly discuss and come to an agreement on financial matters before getting married, reducing the risk of misunderstandings and resentment down the line.
• Financial transparency and communication. Drafting a prenup requires both partners to disclose their financial information, which encourages open communication about money matters. This process can help couples gain a better understanding of each other’s financial situations, goals, and expectations.
• Protection in case of death. Premarital agreements can also address how assets will be distributed in the event of a partner’s death. This can ensure that both parties’ wishes are respected and that their assets are allocated according to their intentions.

Remember – premarital agreements are not only for the wealthy or those who are anticipating a divorce down the line. They can be valuable tools for any couple who wishes to protect their individual interests, clarify financial expectations, and strengthen their overall relationship. If you are already married, you can work with your attorney to draft a postmarital agreement.

However, it’s important for each person to consult with separate legal counsel to ensure the agreement is fair, valid, and enforceable. Your attorney can help in a variety of ways, including:

• Helping you understand the law. An attorney can help you understand North Carolina laws regarding premarital agreements. This includes the types of things that can be included in an agreement, as well as the requirements for an agreement to be valid.
• Drafting the agreement. An attorney can draft a premarital agreement that meets your specific needs and goals. They can also help you to negotiate the terms of the agreement with your future spouse.
• Reviewing the agreement. Once the agreement is drafted, an attorney can review it to make sure that it is legally sound and that it accurately reflects your wishes.
• Witnessing the signing of the agreement. An attorney can witness the signing of the agreement to ensure that it is valid.

What can’t be included in a premarital agreement?

Although your prenup can include a lot of information, there are certain things it cannot. These include:

• Provisions detailing anything illegal in the state of North Carolina
• Decisions regarding child custody or child support
• Waiving the right to alimony
• Offering a financial incentive to divorce
• When a spouse is coerced or signs the agreement under duress
• When the agreement is found unconscionable

If you have any questions about premarital or postmarital agreements, talk to Epperson Law Group today. We have years of experience helping people just like you get their marriages started off on the right foot. To set up a consultation, give our offices a call or fill out our contact form. We work with individuals and families in Charlotte, Boone, Weddington, and Concord.