Kevin Costner’s Wife Christine May Forfeit ‘All Rights’ to a Payout by Challenging Their Prenup

Costner's lawyers allege in court documents that the star's estranged wife Christine 'shall lose any and all rights to receive any payment' by challenging their prenuptial agreement

Kevin Costner's estranged wife Christine may have to forfeit her $1.5 million divorce settlement since she is challenging the pair’s prenuptial agreement, according to legal documents filed by the actor's lawyers.

“If Christine, in any manner, challenges or assists in the challenge of the validity or enforceability of any provision of this Agreement, she shall lose any and all rights to receive any payment, Property or Interest from Kevin pursuant to this Agreement,” according to the agreement, which attorneys for the 68-year-old Oscar winner quoted in legal documents filed June 28.

Marilyn Chinitz, a matrimonial attorney at Blank Rome in New York (she does not represent either of the Costners) tells PEOPLE such clauses in prenuptial agreements are fairly routine. "Attorneys call these provisions 'in torrerem' because it is a clause to instill fear. They are incentivizing someone from challenging the agreement."

Continues Chinitz, "It's basically saying, 'If you're going to challenge the agreement as being invalid and unenforceable, then anything that you may have benefited by, I have a right to claw back.'"

Related: Kevin Costner Is 'Relieved' Judge Ordered Estranged Wife to Move Out of Home (Exclusive Source)

Celebrity divorce attorney Randy Kessler, who has represented former Real Housewives of Atlanta star NeNe Leakes and rapper Cardi B., agrees it's standard. The lawyer, who likewise doesn't work with Kevin or Christine, calls the clauses "very common.  I have seen people agree to much more onerous terms and conditions."

The legal team for Costner—who has already paid his wife the $1.5 million she is owed under the terms of their agreement, which both parties signed before tying the knot in 2004—quoted the prenuptial agreement in response to a request from Christine’s side that Kevin pay for her attorney fees.

His lawyers countered that it should be Christine, 49, who pays for Kevin’s fees since they claim she is challenging the prenup. "Should any party contest the validity of this Agreement, or claim it is invalid in whole or in part, that party shall be liable to the other party for all witness, attorney, accounting and appraisal fees and costs incurred by the party defending the validity of this Agreement in the event this Agreement or any contested portion of it is adjudicated to be valid and binding," the document states.

Christine's attorneys have made the case that "there has been no determination by this Court that the parties’ premarital agreement is enforceable."

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Chinitz says Christine's legal argument is likely a nonstarter because "the agreement is presumed to be a valid agreement until such time as a court sets it aside."

According to Kevin, the Costners' premarital agreement also stipulates that Christine move out of the star’s Santa Barbara home within 30 days of filing for divorce. Christine filed a petition for dissolution of marriage on May 1, meaning the deadline has since passed by more than a month.

Thomas Anderle, a judge for the Superior Court of Santa Barbara County in California, ruled at a July 5 hearing that former handbag designer Christine (née Baumgartner) must vacate their sprawling compound, worth an estimated $145 million, by July 31.

Related: A Complete Timeline of Kevin Costner and Christine Baumgartner's Divorce

Christine, who shares sons Cayden, 16, and Hayes, 14, and daughter Grace, 13 with Kevin, has said she was staying put until she had a child support agreement in place in order to set up a  "suitable separate household." She requested $248,000 per month, an amount Kevin's side slammed as "inflated."

Chinitz says Judge Anderle's ruling should speak loudly to Christine's side. "He's signaling to the attorneys, 'I'm enforcing the agreement.'"

The court has set a trial date of November 27 to determine its validity. But even if Christine loses, Chinitz says she may only be on the hook for Kevin's legal fees, not the entire amount of her divorce settlement.

"Courts don't like to be punitive," she explains. "What the court can do instead is require that party to pay the legal fees and any expenses that the other party was caused to incur."

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