Ben Foster has accused Laura Prepon of "inappropriate marital conduct"

In the amended petition, which has been obtained by In Touch magazine, his lawyer wrote: "[Ben] would respectfully show that [Laura] has been guilty of such cruel and inhuman treatment or conduct (i.e.; inappropriate marital conduct) towards [Ben] ... which renders further cohabitation unsafe and improper."

Ben has asked the court to enforce the prenuptial agreement they signed on 21 May, 2018, and requested they determine a custody schedule and the amount of child support he must pay for their daughter Ella, seven, and a four-year-old second child whose name has not been made public.

The 'Hell or High Water' actor also filed a motion to sell their marital home, which was bought in March 2024, and said he believed neither he nor Laura, 45, want to take sole ownership of the property now.

The 'Orange is the New Black' actress has denied being guilty of "inappropriate marital conduct" and filed a new counter-complaint in which she accused her estranged husband of exhibiting "cruel and inhuman treatment or conduct" himself and displaying "habitual drunkenness".

Her lawyer, Larry Hayes Jr., argued: "[Laura] asserts the affirmative defense to any allegations brought against her that the ill conduct of [Ben] was a justifiable cause for any conduct complained of against her and [Laura] therefore requests that this court dismiss [Ben's] cause of action for divorce."

The former 'That 70s' Show wants to be "designated the primary residential parent" of the children, to receive child support, and for their pre-nup to be enforced.

The couple's separation turned contentious after Laura claimed she had concerns about the children staying at Ben's home due to what she claimed to be his issues with alcohol.

She asked that her estranged spouse be banned from drinking 12 hours before or during custody visits, but he denied ever having a problem with alcohol.

His attorney said: "Laura Prepon's filing is the definition of falsehood and a disturbing fiction."

Ben denied he ever had an issue with alcohol and pointed out Laura called herself a "wine mommy."

The pair eventually reached a temporary custody deal which required them to limit their alcohol use around the kids.