Last November, right after the election, Ben Foster filed for divorce from Laura Prepon. I thought, at the time, that the timing was important, that they were getting a divorce before Republicans did what they promised and ended no-fault divorces. As it turns out, this is not a no-fault divorce – Laura and Ben are lobbing accusations at each other in new legal filings. Again, Ben was the one who filed for divorce and he was the one who is now accusing Prepon of “inappropriate marital conduct/cruel and inhuman treatment” in an amended divorce filing. Prepon responded by accusing Ben of “cruel and inhuman treatment” AND “habitual drunkenness.” And she wants full custody of their two kids.
Laura Prepon and her estranged husband Ben Foster are leveling new allegations at each other amid their ongoing divorce.
Six months after they separated, Foster, 44, accused Prepon, 45, of “inappropriate martial conduct” in an amended divorce petition obtained by PEOPLE, while the That ’70s Show alum fired back with the same claim just one day later — along with accusations of the actor’s “habitual drunkenness.” In Touch Weekly was first to report the news.
In the amended document filed in Nashville, on Tuesday, March 18, Foster, who originally cited “irreconcilable differences” as grounds for the stars’ split, added “inappropriate marital conduct” to his reasoning. (Their official separation date is Sept. 9, 2024, per court filings.) The conduct Foster is alleging — which is also referred to as “cruel and inhuman treatment” — “renders further cohabitation [with Prepon] unsafe and improper,” the petition states.
A day later, on Wednesday, March 18, Prepon filed a response, also obtained by PEOPLE, denying her estranged husband’s allegation that she is guilty of “inappropriate marital conduct,” as she demanded “strict proof” substantiating his claims.
In the same document, the Orange Is the New Black alum also fired back with the same allegation as her ex, claiming that Foster “has been guilty of such cruel and inhuman treatment.” She also alleged that the X Men: The Last Stand actor is “guilty of habitual drunkenness.”
Foster has also requested the court appoint the exes joint custody of their two young children — a daughter named Ella and a son whose name has not been publicized — stating that both stars “are fit and proper parents.”
Prepon, however, “denies that both parties are fit and proper parents to be awarded the joint care, custody, and control of the parties’ minor children and demands strict proof thereof,” the update states. She also requested that “she be designated the primary residential parent of the parties’ minor children,” claiming, “This is in the children’s best interests.”
In a statement given to PEOPLE, Rose Palermo and Caroline Altshuler, attorneys for Foster, said, “This is simply the standard procedure for divorce cases in Tennessee since we are not a no-fault state.”
Reps for Prepon and Foster did not immediately respond to PEOPLE’s request for comment, nor did attorneys for Prepon, on March 22.
Here’s something I didn’t know: they live in Tennessee and all of these filings have happened there. I had no idea they lived in Tennessee full-time and they’re raising their kids there. I also didn’t know that Tennessee doesn’t have no-fault divorces. WTF? With all of those country music people in the state, cheating, fooling around, getting drunk, they don’t have no-fault divorces?? Damn. That’s just asking for all kinds of messiness to be aired out in court. As for Laura and Ben… the thing that strikes me is that Laura wants full custody. Like, I would say that they’re just having a messy divorce in a state which doesn’t allow no-fault divorces, so they’ve got to say something. But Laura arguing that Ben should not be allowed custody of their kids is something else. Also: did they move to Tennessee when they/Laura exited Scientology?
Photos courtesy of Avalon Red.
- 162366, Ben Foster, Laura Prepon at the 2017 Film Independent Spirit Awards in Los Angeles. Los Angeles, California – Saturday, February 25, 2017. Photograph: © Joe Sutter, PacificCoastNews. Los Angeles Office (PCN): +1 310.822.0419 UK Office (Photoshot): +44 (0) 20 7421 6000,Image: 529580642, License: Rights-managed, Restrictions: WORLD RIGHTS – DIRECT SALES ONLY- Fee Payable Upon Reproduction – For queries contact Photoshot – sales@avalon.red London: +44 (0) 20 7421 6000 Los Angeles: +1 (310) 822 0419 Berlin: +49 (0) 30 76 212 251, Model Release: no, Credit line: Joe Sutter, PacificCoastNews/Avalon
- Laura Prepon and husband Ben Foster attend the Netflix show “Orange is the New Black” -Final Season Premiere on July 25, 2019 at Alice Tully Hall in New York, New York, USA. photo by Robin Platzer/ Twin Images/ Avalon,Image: 536737793, License: Rights-managed, Restrictions: WORLD RIGHTS – Fee Payable Upon Reproduction – For queries contact Avalon.red – sales@avalon.red London: +44 (0) 20 7421 6000 Los Angeles: +1 (310) 822 0419 Berlin: +49 (0) 30 76 212 251, Model Release: no, Credit line: Robin Platzer/Twin Images / Avalon
- LOS ANGELES, CALIFORNIA – NOVEMBER 30: (L-R) Ben Foster and Laura Prepon attend Apple Original Films’ “Emancipation” Los Angeles premiere at Regency Village Theatre on November 30, 2022 in Los Angeles, California.,Image: 741612471, License: Rights-managed, Restrictions: , Model Release: no, Pictured: Ben Foster, Laura Prepon, Credit line: Jeffrey Mayer/Avalon
- Ben Foster, Laura Prepon attends the 28th Annual Critics Choice Awards at Fairmont Century Plaza on January 15, 2023 in Los Angeles, California,Image: 749950658, License: Rights-managed, Restrictions: , Model Release: no, Pictured: Ben Foster, Laura Prepon, Credit line: – / JPI Studios / Avalon
- Ben Foster, Laura Prepon attends the 28th Annual Critics Choice Awards at Fairmont Century Plaza on January 15, 2023 in Los Angeles, California,Image: 749950672, License: Rights-managed, Restrictions: , Model Release: no, Pictured: Ben Foster, Laura Prepon, Credit line: – / JPI Studios / Avalon
- Ben Foster and Laura Prepon attending the Emancipation European Premiere at Vue West End in Leicester Square, London, United Kingdom.,Image: 751095462, License: Rights-managed, Restrictions: , Model Release: no, Credit line: Cat Morley / Avalon
Lord this is gonna get messier. Feel bad for the children.
They used to live in New York, so I don’t know when they moved full time to Tennessee. (There seems to be a migration right now with celebs buying property in Tennessee.) Prepon has or had a series of YouTube videos about her role as a mother where she showed how to make snack bags to take on vacations and how to cook food. So much for the perfect family life she was portraying.
Yes, this is going to get messy with Scientology. She has come out as having left Scientology right at the time of the Danny Masterson trial. She was big friends with Masterson and even dated his brother for a long time, so it was assumed she knew many of the Masterson secrets. It’s been long rumored that Foster has dabbled in Scientology and certainly has had many friendships with well-known Scientologists.
I think Ben Foster’s relationship with Robin Wright ended in a mess, too. Lainey Gossip covered the ending of (one of the) engagements of Ben and Robin. Lainey Gossip said there were rumors of infidelity, and Lainey had no good things to say about Ben in TIFF in Toronto.
Interesting extra background, thanks.
I knew about her Scientology connection but no details.
Tennessee, Idaho, and Texas are the Meccas for CA conservative expats. I get it that there are many people who want to live in an environment that is more cost effective and aligns with your values, but OMG! All the dirty laundry is gonna be on display. Yikes.
Yup, those TN celeb transplants are conservative and won’t vote anti maga, count on it. When I hear they live in TN I drop their crap from my viewing queue…
As an actor he is fantastic. As a person, he has alway seemed to give off douche vibes.
I think I’ve really only seen her act in That 70s Show. Why the hell is she wandering around in jet black dyed hair and 90s style brows that are also dyed jet black? Really awful look on her. Her natural ginger hair was very pretty.
I hope their kids are OK.
Of course they live in TN. Half the rich people in the country have moved here because TN favors recessive taxes that disproportionately affect the poor and the rich don’t pay their share. She better have excellent lawyers and financially/emotionally prepare for a long slog. We are back’erds and every woman I know who ended up in a custody mess here has been f#cked over. This has the potential to be a messy mess as long as the kids are minors.
Yeah, I was just looking this up after I read this post.
Previously, the only celebrities that lived in TN were country music singers.
Now wealthy Hollywood-types have been moving there and buying homes, large amounts of acreage and claimingit TN ad their primary residence. This includes athletes, reality stars, influences, etc.
Ah! You’re correct. Too many bland white men in my head early in the morning. 😂 It was Jamie Bell I was thinking of. 🤦🏼♀️
Dax Shepard and Kristen Bell have bought property in Tennessee recently. It pisses me off that these people who for so long proclaimed to wait to get married until gay marriage was legal are supporting a state government that is anti-gay and anti-trans. (Yes, I know they finally came clean about the reason they didn’t want to get married – Shepard didn’t want to even though Bell did, so they pretended it was about gay rights.) Such phonies who only care about money.
Tennessee: Come for the (low) taxes, pay for the lawyers.
Doesn’t he still have full custody of his child with Evan Rachel Wood? How is he a fit parent for one child and not the other two? Something is very fishy…
I had no idea he had a child with ERW!
I know she has a child with her ex, I can’t remember his name but he is married to Kate Mara now.
Jamie Bell is the father of EWR’s son, not Ben Foster. Bell has custody because EWR feared he’d be harmed since she was getting threats (Marilyn Manson)
Don’t mess up your gossip that’s just sloppy and wrong.
I am guessing they moved to Tennessee because it does have an arts scene (at least Nashville does) but also no state income tax. Similar to Austin which is popular with people leaving California. Home prices (and traffic) have gone crazy there. Anyway, this sounds very messy.
Some of this (kind of ) makes sense given the lack of no-fault divorce, but it seems to be escalating past what would be required to legally end the marriage under those rules.
Yikes. Those poor children.