She had previously stated in court records that she will depart the estate on August 31, pending the outcome of a July 12 court appearance.
According to the filings, Baumgartner promised to evacuate the properties at the end of August if Costner followed "whatever support and fee orders that the court makes on July 12." It's unclear whether that hearing is still scheduled. According to TMZ, the verdict may imply that the court intends to agree with Costner's legal team that the couple's prenuptial agreement is lawful and enforceable.
If one couple files for divorce, Baumgartner has a month to remove the home, according to the agreement.
Even though she appeared to have missed the previous deadline, the judge set a new deadline of July 31 for her removal. Baumgartner's counsel allegedly claimed in court that the deadline wasn't practical or fair because she hadn't had enough time or money to hunt for a new house. They urged the judge to extend the deadline to August 15, although it's unclear if the current judgment took that request into account.
Costner is represented by prominent divorce attorney Laura Wasser, who reputedly inspired Laura Dern's lawyer character in Noah Baumbach's critically acclaimed film Marriage Story, for which Dern received an Academy Award nomination for best supporting actress.
Wasser has argued in court that the prenuptial agreement is lawful, and it looks like the judge is likely to agree with her, though this is not a done thing.
A hearing on the document's authenticity will not take place until November, and Baumgartner is anticipated to continue his challenge. The judge may have chosen to follow the agreement's terms rather than completely evaluate it at a later date, but the preliminary action to get Costner's ex out of the house suggests that the judge may accept that the remainder of the contract is also genuine.
If the judge rules that the prenuptial agreement is legal, Baumgartner will be compelled to refund $1.5 million given to her by Costner, as well as pay his attorneys' expenses for defending the deal. Baumgartner was spotted coming to court on Wednesday when she was forced to vacate her house. Baumgartner has stated in court documents that she is afraid to leave her house without a plan and financing in place, if only for the sake of her children, whom she does not want to relocate many times.
'Kevin wants me to rent a property without a financial plan,' she alleged. We do, however, have our three children to consider. It is not in their best interests to commit to a rental that they may not be able to pay, especially if it will result in several relocations. 'My objective has been and continues to be to provide as much stability as possible for our children, which includes having the necessary resources and plan in place so that we can construct a stable home for them rather than creating temporary and inconsistent housing arrangements,' she added.
Baumgartner is demanding $248,000 per month in child support payments, as previously reported. She and Costner have three children: two sons, Cayden, 15, and Hayes, 14, and a younger daughter, Grace, 13. However, in previous files, Costner has stated that he feels he should only pay roughly $38,000 per month.
