Britney Spears and Kevin Federline have hammered out the details of their split, and it’s reportedly going to cost the “Toxic” singer $13 million. What’s more, Star magazine says that Spears was reluctant to finalize the split.

“Do you really want to do this?” Spears asked K-Fed as the two met to discuss final details of their divorce, reports to the upcoming issue of the tab.

K-Fed said yes, and his estranged wife replied, “You’re the biggest mistake I’ve ever made, but thank you for my babies.”

Then the two puffed on cigarettes for a 15-minute smoking break, then hashed out the financial terms of their split, according to Star.

The tabloid also claims that Federline led Spears to believe that the two would get together after she got out of rehab so because he wanted to encourage her to stay in the treatment center.

A 2004 pre-nup called for K-Fed to get $250,000 for each year of their marriage, but Spears upped that figure to $500,000 to speed up the negotiations.

• He receives half the proceeds from their Malibu mansion, which is on the market for $13.5 million.
• $25,000 a month in child support for each of the couple’s two children until they reach 18. He also gets custody of the boys four days a week.
• Federline gets to keep all the gifts Spears bought them during their marriage.
• He’s forbidden from writing a tell-all about their marriage.

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Sources say that under the terms, K-Fed will walk away with around $1 million (In case you’re wondering, Spears’ lawyer, Laura Wasser, drafted and airtight pre-nup). As for their two kids, we’re told Britney and Kevin will have joint custody, sharing physical custody 50/50. The divorce will be final, with a judge’s signature, very soon.

In the past, when Wasser settled a high-profile divorce, the parties filed a “skeletal judgment,” which meant the specific terms were omitted from the public documents.

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Britney Spears may be out of rehab, but Kevin Federline has no intention of handing over the kids any time soon.

A source close to Federline, 29, says that the aspiring rapper and his lawyer Mark Vincent Kaplan are “ecstatic, but cautiously focused on Britney’s continuing rehab recovery.”

Spears entered Malibu Promises Residential Treatment Center on February 22 and was released on March 20.

Spears, 25, now has custodial visitation of 18-month-old Sean Preston and 6-month-old Jayden James, and will be granted more custody rights over her children as she proves that she can maintain a stable lifestyle.

“They are not going to return custody to Britney as a reward for doing her stint in rehab. Kevin’s had the children for six weeks and he will continue to have full custody.”

The source adds: “Britney has to really demonstrate she can retain sobriety. She was just introduced into a sober lifestyle. Can she maintain it?”

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Britney Spears caused a case of mass whiplash when she bolted from rehab after less than 24 hours – then checked back in days later. The reason for the quick turnaround? An ultimatum from Kevin Federline, a source says.

Upset by the news that Spears had checked out of Promises in Malibu on Wednesday, Federline scheduled an emergency hearing to seek physical and legal custody of their sons Sean Preston, 18 months, and Jayden James, 6 months, says a source.

Ultimately, Federline, 28, gave his estranged wife a choice: Either she got back into Promises that night or Federline would go to court in the morning, says the source.

(Spears, 25, had since January had custody of the boys, with visitation for Federline, thanks to a temporary court order issued after she filed for divorce in November.)

At about 7 p.m. that night, Spears, driven by a friend, showed up outside Federline’s home in Tarzana, Calif. – followed by some 20 paparazzi. Federline failed to appear, so she left.

When a photographer followed her to a gas station, she became enraged and began whacking his SUV with an umbrella. Later that night Spears’s mother, Lynne, 51, who had flown in from her home in Kentwood, La., to be near her daughter and grandsons, took Spears back to Promises. Says a friend of Federline’s: “Britney scared everyone real bad.”

On Friday Federline – who, sources say, also played a role in persuading Spears to enter rehab in the first place – spent an hour visiting his ex at Promises; the next evening he also brought the boys, and they were joined by Lynne.

“Kevin is working closely with Lynne to let Britney know how serious it is that she gets help,” says one family friend. A source close to Federline notes that “Kevin loves Britney … nothing has changed about that.”

Right now the boys are “being taken care of by Kevin,” says a source. “Lynne is helping.” Eventually, says a Spears family friend, Federline, who will turn 29 this month, “would like [Britney] to have the kids because he thinks she is a good mother.”

But to make that happen will require hard work. A typical stay at Promises lasts 45 days – and Spears “is getting no special treatment,” says her manager Larry Rudolph. “She has a regular room, a regular routine. She is doing exceptionally well.”

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A hooded and troubled-looking Lynne Spears shied away from cameras as she pulled up to Kevin Federline’s Tarzana home yesterday.

A hooded and troubled-looking Lynne Spears shied away from cameras as she pulled up to Kevin Federline’s Tarzana home yesterday.

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Us Magazinehas learned that as Britney Spears continues to unravel in public, Kevin Federline has been working behind the scenes to take custody of their children away from the erratic pop star.

A source tells Us that Federline, 28, and his mother, along with the help of Spears’ mother Lynne, have joined forces to aid Federline while he has cared for his sons — Sean Preston, 17 months, and Jayden James, 5 months — during their mother’s recent rehab stints, partying and hotel stays.

“He is beyond sad,” says a Federline pal. “This is the worst week of his entire life. He doesn’t even want to pick up the phone. Things are beyond not well with Britney, and he still loves her.”

Federline reportedly is now taking legal steps to protect his children. TMZ is reporting that Federline has requested an emergency custody hearing Thursday before an L.A. judge (Spears had been granted physical custody of the kids at an earlier hearing). Federline’s rep couldn’t be reached for comment, but Us has confirmed that a custody hearing has been set for Thursday.

According to our Federline insider, K-Fed made a call to his mother, Julie Bleak, on Valentine’s Day asking for her to help him take care of the children. Bleak flew to L.A. on Feb. 15 (the same day Spears, 25, checked into the Crossroads Centre rehab facility in Antigua). Our source adds that Lynne Spears has also been present for her grandchildren, taking care of the children round-the-clock with Federline.

“Britney’s family feels that Kevin has been a blessing and they are very impressed with Kevin taking so much responsibility,” says a Spears family source. “Britney’s family found out from the news this morning that Britney had left the rehab. Britney has not asked to see the kids because she knows she is not well and she does not want to scare Preston. She has no credit cards or cash. She is basically on the run at the moment.”

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TMZ has learned that Kevin Federline has asked a judge for an emergency hearing on Thursday to discuss his custody dispute with estranged wife Britney Spears.

A court spokesperson says only K-Fed and his attorney are scheduled to appear before the judge, but adds “anything is possible.”

Federline filed papers in November seeking spousal support and sole custody of the couple’s children- 5-month-old Jayden James and 17-month-old Sean Preston. As TMZ previously reported, a temporary court order granted the couple joint custody, with Spears having primary physical custody of the boys.

Now, with Spears’ recent erratic behavior, coupled with the fact that she’s been in and out of rehab twice in the last week, all bets may be off.