Case Summary: Prenups and Spousal Support in Last v. Superior Court (2023)
Case Summary: Prenups and Spousal Support in Last v. Superior Court (2023)
An interesting case came through the Fourth District of the Court of Appeals of California in 2023, Last v. Superior Court.
The case originated in Orange County, California. The parties were married in 2002. In June 2002, the parties entered into a premarital agreement which waived any right to spousal support. But, Wife sought temporary spousal support from husband in the divorce proceeding, which she initiated in August 2021. Temporary spousal support is spousal support paid while a family law case is on-going, pending final judgment. Husband opposed the request arguing that the premarital agreement was valid and should be enforced.
However, the court had not yet conducted a bifurcated trial on the enforceability of the agreement. This case raised the issue: can the trial court can order temporary spousal support before conducting a bifurcated trial on the enforceability of such a premarital agreement?
This case provides interesting insight into how husband was supposed to respond to Wife’s request for temporary spousal support. In response to Wife’s request for temporary spousal support, Husband filed a declaration. He requested the court "bifurcate the issue of the validity of the Premarital Agreement, and all its terms, and continue this hearing on spousal support until that preliminary issue is adjudicated." However, Husband had not filed his own Request for Order requesting that the court conduct a facial review of the Premarital Agreement and make findings regarding its validity. So, at Wife’s spousal support hearing, the court did not have jurisdiction to determine that issue.
In Last, the trial court granted temporary support pursuant to Wife’s request and reserved jurisdiction to order reimbursement should the premarital agreement be found enforceable. The Court of Appeals upheld the trial court’s decision.
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