As their custody battle continues, is claiming her estranged husband, , has issues with alcohol abuse.
According to documents obtained by Us Weekly on Wednesday, December 11, Prepon, 44, filed a response to Foster’s plea for the court to set a temporary custody schedule amid their divorce. In the court documents, Prepon requested that the court order Foster, also 44, not to drink alcohol while he is with their two children and during the 12 hours prior or consider a supervisor for his parenting time. (The exes share daughter Ella, 5, and a son born in 2020.)
The request asked that the court set reasonable holiday time, which would allow the kids to spend Christmas morning with Prepon and to see Foster later that day. Prepon further detailed her and Foster’s living arrangements after they moved from New York to Tennessee in 2022.
Prepon’s motion stated that she has been living separately from Foster for the past four months amid his busy filming schedule. She claimed that she took their kids to see Foster over the summer, but he allegedly chose “other activities for himself other than spending such time with his children.”
The actress accused Foster of not returning home to see his kids after wrapping production on a movie in August even though “he had not seen them in almost four weeks.”
“Instead, despite his statements to [Laura] that he would not be going to the Venice Film Festival, [Ben] nonetheless was spotted in Italy on the red carpet posing without his wedding ring,” the paperwork continued. “Despite [Ben’s] repeated absence and unpredictability, [Laura] has continued to provide the children with the necessary stable environment and has continued to ensure that the children maintain a regular routine.”
Prepon’s legal counsel went on to claim that she has concerns about their kids staying at Foster’s new home because of his alleged “longstanding history of alcohol abuse.” Prepon recalled Foster allegedly becoming “so inebriated” after their daughter was born in 2017 that he locked himself out of their New York apartment. She allegedly found him asleep on the doorstep in his underwear.
Prepon also claimed that Foster “always [has] a cup or thermos” on him to day drink, adding, “It was discovered through [Ben’s] leaving these thermoses or cups around the house that they contained coffee and whiskey.”
Foster’s attorney addressed the filing in a statement to In Touch, which read, “Laura Prepon’s filing is the definition of falsehood and a disturbing fiction.”
Earlier this month, Foster claimed that he was unable to reach a deal with his estranged wife over custody.
“[Ben] has personally attempted to reach a resolution with [Laura] in setting a parenting plan schedule that affords each with substantive parenting time, but all efforts have been unsuccessful,” Foster’s attorney noted in his recent filing.
Us confirmed in September that Foster filed for divorce after six years of marriage. He cited “irreconcilable differences” as the reason for the split and listed their date of separation as one year prior.
Foster and Prepon were first linked in 2016 when they were spotted packing on the PDA at a restaurant in New York City. They tied the knot one year later.
Prepon previously opened up about juggling motherhood and a career.
“I really have to balance work life and mom life,” she told Us in 2022. “Parents have been dealing with it for a very, very long time, I’m sure, but that kind of balance is definitely hard.”
Prepon added: “You figure it out and we have a great family dynamic. Thank goodness. We’ll figure it out, but that’s probably the toughest thing — being away from them when I’m at work. The guilt is just overwhelming sometimes.”
Us Weekly has reached out to Foster and Prepon’s reps for comment.