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Why Kevin Costner’s Divorce Sparked a Fight Over Monthly Support

By Nottage and Ward on March 30, 2025

When Hollywood actor Kevin Costner’s divorce hit the headlines in 2023, it wasn’t just the famous name or real estate headlines that grabbed attention. What quickly became the focus was the support battle. Costner’s estranged wife requested six figures in monthly support, citing their lavish lifestyle, while Costner’s legal team argued for a significantly lower figure.

The same principles behind the celebrity divorce support battle apply to high-net-worth divorces right here in the Midwest. At Nottage and Ward, LLP, our divorce law firm helps clients understand how spousal maintenance is determined—especially when significant income, assets, and postnuptial agreements are involved.

Kevin Costner’s Divorce and the High-Stakes Battle Over Spousal Support

In the Costner case, the actor reportedly paid temporary monthly support of over $100,000 while contesting the long-term arrangement. His attorneys argued that the figure exceeded what was reasonable based on actual needs rather than lifestyle demands.

The court eventually reduced the monthly award, emphasizing that spousal support isn’t a blank check for luxury—even in celebrity cases.

This outcome highlights a legal truth relevant in Illinois: when dealing with spousal maintenance in high-asset divorce cases, courts aim for fairness, not excess.

How Spousal Maintenance Is Calculated in Illinois

Illinois law has specific statutes that guide how maintenance—formerly called alimony—is calculated. However, when the parties’ combined gross income exceeds $500,000, courts have more discretion. Here’s how the process generally works.

Illinois Maintenance Formula (Incomes Under $500,000)

Under the Illinois maintenance formula, the amount is calculated as follows:

• 3% of the payor’s annual net income minus 25% of the payee’s annual net income

The resulting maintenance amount cannot result in the payee receiving more than 40% of the parties’ combined net income.

Discretionary Maintenance (High-Income Earners)

For couples with a combined income above $500,000—as in most high-net-worth divorces—the court is not required to use the formula. Instead, it weighs several factors:

• The length of the marriage
• The standard of living established during the marriage
• Each spouse’s future earning capacity
• Contributions to the household or career sacrifices
• Any pre- or postnuptial agreement

At Nottage and Ward, LLP, we often handle maintenance for professionals, executives, business owners, and entrepreneurs whose income doesn’t fit neatly into a formulaic model. In these cases, legal strategy and financial clarity are paramount.

The Role of Lifestyle in Support Calculations

In celebrity divorces like Costner’s, one spouse often argues for support based on the lifestyle to which they’ve become accustomed—luxury homes, private schools, travel, and household staff. Illinois courts do consider this standard of living, but it must be reasonable and necessary, not extravagant.

For example:

• A stay-at-home parent from a long-term marriage may receive more substantial maintenance to maintain stability.
• A young spouse with a college degree and minimal time away from the workforce may be expected to become self-sufficient more quickly.

In Illinois, courts try to balance support with fairness, especially in high-asset divorces involving large property portfolios, business valuations, or passive investment income.

Celebrity Support Battles That Shaped Public Perception

The Costner divorce is just one example. Others illustrate how spousal maintenance becomes contentious in wealthier divorces. These cases also underscore why high-income individuals need proactive legal strategies—including enforceable agreements and strong financial documentation.

Tom Cruise and Katie Holmes

This divorce was reportedly settled quietly, but the prenuptial agreement capped support. This showed how well-drafted prenups or postnuptial agreements can avoid prolonged battles.

Adele and Simon Konecki

There was no prenup, and Adele’s fortune of over $190 million came under scrutiny. The case emphasized how a lack of legal planning can lead to significant payments.

Kanye West and Kim Kardashian

In a highly publicized split involving assets, intellectual property, and children, their divorce showed how branding and future earnings affect long-term negotiations.

The Role of Postnuptial Agreements in Limiting Support Obligations

Many professionals and entrepreneurs come to us with questions about postnuptial agreements, especially after a major financial change, like launching a business, receiving an inheritance, or achieving a promotion.

What Is a Postnuptial Agreement?

A postnuptial agreement is a contract entered into after marriage that outlines how finances, assets, and support will be handled in the event of a divorce. While Illinois courts enforce postnups, they must meet specific standards:

• Full financial disclosure at the time of signing
• Voluntary agreement by both parties
• No signs of coercion or unfairness
• Cannot waive child support or be “unconscionable” at the time of enforcement

For high-income earners, a postnup can help limit or define future spousal maintenance obligations—reducing the risk of prolonged litigation like in many celebrity divorce support battles.

Common Mistakes High-Income Spouses Make in Divorce

At Nottage and Ward, LLP, we’ve seen several missteps that can hurt clients during divorce:

1. Failing to plan: Without a postnuptial or prenuptial agreement, everything is on the table, including businesses, bonuses, and investment gains.
2. Underreporting or overreporting income: Transparency is critical. Courts will investigate all sources of income, including passive earnings and restricted stock units.
3. Ignoring tax implications: Maintenance payments are no longer deductible for the payor under federal tax law, which may affect negotiations.
4. Focusing solely on cash flow: Long-term planning should consider asset division, retirement, and support structure, not just the monthly payment.

How We Help with High-Asset Spousal Maintenance in Illinois

Our attorneys work with a network of forensic accountants, valuation experts, and financial advisors to give our clients a comprehensive legal strategy. We offer personalized counsel tailored to your unique situation, whether you’re:

• A high-income professional facing a divorce
• A spouse who supported a career and is now seeking fair support
• Someone looking to protect future earnings with a postnuptial agreement

Talk to an Experienced Chicago Divorce Lawyer today

At Nottage and Ward, LLP, we bring a lot to the table when it comes to handling complex divorces and Illinois maintenance formula exceptions. We protect what matters most—your financial future.

Our firm is listed by Martindale-Hubbell in its Bar Register of Pre-eminent Lawyers, and we’ve been serving professionals and high-net-worth individuals across Chicago and Illinois for more than 35 years. Call us at (312) 332-2915 to schedule a consultation with a Chicago divorce lawyer today.