Christine and Kevin Costner in 2016.Photo:Gonzalo Marroquin/Patrick McMullan via Getty Images

Christine Baumgartner, Kevin Costner at the “Hidden Figures” New York Special Screening

Gonzalo Marroquin/Patrick McMullan via Getty Images

A lawyer forKevin Costner’s estranged wife says the actor cannot legallyforce her to leave the homethey have long shared as a family.

“Although the legal basis for Kevin’s request to kick his wife and children out of their home is all but nonexistent, this is still a matter of critical importance for Christine,” Rydell reportedly added in the court filing, per Insider. (The attorney did not immediately respond to PEOPLE’s request for comment Friday morning.)

A Costner source tells PEOPLE, “It’s disingenuous to bring the kids into this. This has nothing to do with the kids. The kids’ foundation is solid. This is all about Christine. Kevin has gone above and beyond in providing Christine the necessary means to find a suitable place for her to move.”

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Kevin Costner and estranged wife Christine.Jon Kopaloff/FilmMagic

Kevin Costner and wife Christine Baumgartner arrive at the Academy Of Motion Picture Arts And Sciences' Governors Awards

Jon Kopaloff/FilmMagic

A source told PEOPLE on Tuesday that Costner has given his ex $1 million on top of what is required in their prenuptial agreement.

“He has gone above and beyond what the prenup specified,” said the insider.

The documents also stated that Costner is willing to contribute a $10,000 advance toward Christine’s moving costs and $30,000 per month for a rental home, per TMZ.

The pairmarried in September 2004andshare three kids: sons Cayden, 16, and Hayes, 14, plus daughter Grace, 13. Costner is also dad tofour older children from previous relationships: Annie, Lily, Joe and Liam.

Kevin Costner and wife Christine in 2022.Rich Fury/VF22/Getty

Kevin Costner and Christine Baumgartner attend the 2022 Vanity Fair Oscar Party hosted by Radhika Jones at Wallis Annenberg Center for the Performing Arts on March 27, 2022 in Beverly Hills, California

A rep for theField of Dreamsactor confirmed to PEOPLE on May 2 that he and his wife of 18 years were breaking up aftershe filed for divorce. Christine listed their date of separation as April 11, and cited irreconcilable differences.

In his response filed afterward, Costner also asked for joint custody and cited irreconcilable differences. The actor/director’s filingalso mentioned a prenup, in regards to spousal support, legal fees and properties.

They also add, “Pursuant to the terms in Paragraph 9.A. of the parties' Premarital Agreement, Petitioner to vacate Respondent’s separate property residences.”

source: people.com