Filed 8/2/23

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

PETER J. LAST,

 Petitioner,

v.

THE SUPERIOR COURT OF ORANGE 

COUNTY,

 Respondent;

DEBRA MICHELLE LAST,

 Real Party in Interest.

 G060943

 (Super. Ct. No. 21D003998)

 O P I N I O N

Original proceedings; petition for a writ of mandate to challenge an order of 

the Superior Court of Orange County, Sheila Recio, Judge. Petition denied.

Holstrom, Block & Parke, Ronald B. Funk; Last Law Firm and Andrew 

Todd Last for Petitioner.

No appearance for Respondent.

Law Offices of Lisa R. McCall, Lisa R. McCall and Erica M. Baca for Real 

Party in Interest.
2

INTRODUCTION

Family Code section 1615, subdivision (c)1(section 1615(c)) creates a 

presumption “that a premarital agreement was not executed voluntarily” unless the trial 

court makes five designated findings. In this case, we hold the court had jurisdiction and 

discretion to award temporary spousal support, notwithstanding a waiver of spousal 

support in a premarital agreement, because the court did not make, and was not requested 

to make, the five findings under section 1615(c) that were necessary to rebut the 

presumption that the premarital agreement was not executed voluntarily. 

Before Peter J. Last and Debra Michelle Last2were married in June 2002, 

they entered into a premarital agreement which included a provision by which Debra 

purported to waive any right to receive spousal support in the event the marriage ended in 

dissolution. When the marriage did end in dissolution, Debra sought, and the trial court 

awarded her, temporary spousal support. The court did not adjudicate the issue whether 

the premarital agreement was enforceable but granted Peter’s request to bifurcate that 

issue.

Peter argues the trial court erred by awarding Debra temporary spousal 

support because the premarital agreement is presumed to be valid and, absent a 

determination the agreement is unenforceable, it barred an award of temporary spousal 

support. 

While we agree with Peter that premarital agreements are no longer 

disfavored and are not per se unenforceable, Peter is incorrect in asserting the premarital 

agreement is presumed valid simply because it facially appears to satisfy the 

1

 All statutory references are to the Family Code.

2

 As is customary in family law cases, we refer to the parties by first name 

to avoid confusion, and not out of disrespect. 
3

requirements of section 1615(c)(1) and (2). To the contrary, a premarital agreement is 

presumed to have not been executed voluntarily, and is therefore unenforceable, unless

the trial court finds in writing or on the record that the agreement satisfies the 

requirements of section 1615(c)(1) and (2). 

Although the premarital agreement in this case might appear to satisfy the 

requirements of section 1615(c)(1) and (2), the trial court made no findings on the 

subject, and it is the court’s findings that rebut the presumption of involuntary execution. 

Peter did not ask the trial court to conduct a facial review of the agreement and make 

such findings. Thus, when the court ordered temporary spousal support, the premarital 

agreement was deemed not to have been voluntarily executed, and, therefore, the spousal 

support waiver did not prevent the court from awarding Debra temporary spousal 

support. 

We also conclude the trial court reserved jurisdiction and therefore has the 

ability to modify the support order retroactively to the first support payment if the court 

ultimately determines the premarital agreement is enforceable. Although we believe this 

reservation of jurisdiction does not make the temporary spousal support order 

nonappealable, we resolve any doubts about appellate jurisdiction by treating the appeal 

as a petition for writ of mandate. Finally, we conclude there are means by which Peter 

can seek reimbursement from Debra in the event the trial court ultimately determines the 

premarital agreement is enforceable and retroactively modifies the temporary spousal 

support order. 

Accordingly, we deny the petition for writ of mandate.

FACTS AND PROCEDURAL HISTORY

Peter and Debra were married on June 30, 2002. Before marrying, they 

executed a premarital agreement (the Premarital Agreement). The salient provisions of 

the Premarital Agreement are: (1) Debra waived the right to receive spousal support or 
4

alimony from Peter; (2) in consideration for the spousal support waiver, Peter agreed to 

pay Debra the following: (a) the sum of $16,000 within three days of their marriage as 

Debra’s separate property, (b) $3,500 upon completion of each of the seventh, eighth, 

ninth and tenth years of marriage ($14,000 total), and (c) $4,500 upon completion of each 

of the eleventh, twelfth, thirteenth, fourteenth and fifteenth anniversaries ($22,500 total); 

and (3) all equity in Peter’s separate property residence was transmuted by Peter into 

community property. 

In June 2021, Debra filed a petition for dissolution of her marriage to Peter. 

In August 2021, she filed a request for temporary spousal support and attorney fees (the 

RFO). 

In September 2021, Peter filed a responsive declaration. He alleged Debra 

had waived her right to receive spousal support or alimony in the event of dissolution and 

that the Premarital Agreement was valid. 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.”

The trial court held a hearing on the RFO on September 27, 2021. During 

the hearing, Debra’s counsel challenged the validity of the Premarital Agreement on the 

ground the agreement was unconscionable at the time of enforcement due to a significant 

income disparity between the parties.

The trial court granted Debra’s request for spousal support and, based on 

the parties’ respective income and expense declarations and a DissoMaster report, 

ordered temporary spousal support in the amount of $8,511 per month. The court denied 

Debra’s request for attorney fees and set a status conference to discuss discovery and set 

a hearing on the validity of the Premarital Agreement. The court stated, “[T]o be clear, 

the order regarding spousal support . . . may be reallocated at the conclusion, obviously, 

of course, for example if the premarital agreement is found to be valid and there’s a 
5

determination that there was no spousal support, obviously [Peter] will be given credits at 

the conclusion of the case.” Peter timely filed a notice of appeal.

DISCUSSION

I. Standard of Review

We review an order granting or denying temporary spousal support under 

the abuse of discretion standard. (In re Marriage of Wittgrove (2004) 120 Cal.App.4th 

1317, 1327 (Wittgrove).) “‘The abuse of discretion standard . . . measures whether, given 

the established evidence, the act of the lower [court] falls within the permissible range of 

options set by the legal criteria.’” (Bank of America, N.A. v. Superior Court (2013) 212 

Ca1.App.4th 1076, 1089.) The scope of the court’s discretion is limited by law 

governing the subject of the action taken. (Ibid.) An action that transgresses the bounds 

of the applicable legal principles is deemed an abuse of discretion. (Ibid.) A trial court’s

decision is an abuse of discretion if it is based on an error of law (In re Tobacco II Cases 

(2009) 46 Ca1.4th 298, 311; Pfizer Inc. v. Superior Court (2010) 182 Ca1.App.4th 622, 

629) or if the court’s factual findings are not supported by substantial evidence (Millview 

County Water Dist. v. State Water Resources Control Bd. (2016) 4 Ca1.App.5th 759, 

769). 

II. The Trial Court Had Discretion to Award Temporary Spousal Support Because the 

Premarital Agreement is Presumed to Have Been Involuntarily Executed

Peter argues the Premarital Agreement and its spousal support waiver are 

presumed to be valid and enforceable because the agreement facially complies with the 

requirements of section 1615(c). As a consequence, Peter argues, Debra bears the burden 

of proving the Premarital Agreement is unconscionable, and, unless and until the trial
6

court finds the Premarital Agreement or its spousal support waiver to be unconscionable 

or otherwise invalid, Debra may not receive temporary spousal support.3 We disagree.

A. Background Law: The Presumption of Involuntary Execution 

Temporary spousal support during the pendency of a proceeding for 

dissolution of marriage is addressed in section 3600. Subdivision (a) of section 3600 

provides that a court may order either spouse to pay any amount that is necessary for the 

support of the other spouse based on the supported party’s need and the supporting 

party’s ability to pay. (Wittgrove, supra, 120 Cal.App.4th at p. 1327.) The purpose of 

temporary spousal support is to “‘maintain the living conditions and standards of the 

parties in as close to the status quo position as possible pending trial and the division of 

their assets and obligations.’” (Ibid.) A court has discretion under section 3600 to award 

funds that would “provide [the spouse] with whatever is needed by her to litigate properly 

her side of the controversy.” (In re Marriage of Askmo (2000) 85 Cal.App.4th 1032, 

1039.) 

Premarital agreements that include waivers of spousal support do “not 

violate public policy and [are] not per se unenforceable.” (In re Marriage of Pendleton & 

Fireman (2000) 24 Cal.4th 39, 54 (Pendleton).) However, spousal support waivers are 

not per se enforceable. Section 1612, subdivision (c)4prohibits the enforcement of 

3

 In his reply brief, Peter suggests that the trial court erred by awarding 

Debra temporary support because “the record reflects she will be able to pay her 

reasonable living expenses.” If Peter is making that argument, it is forfeited because he 

did not make it in the appellant’s opening brief. (Gund v. County of Trinity (2020) 10 

Cal.5th 503, 525; Chicago Title Ins. Co. v. AMZ Ins. Services, Inc. (2010) 188 

Cal.App.4th 401, 427-428 [arguments raised for the first time in the appellant’s reply 

brief are forfeited].)

4

 Section 1612 is part of the Uniform Premarital Agreement Act (§ 1600 et 

seq.), which was enacted in 1985. (Pendleton, supra, 24 Cal.4th at p. 43, fn. 3.)
7

premarital agreements with spousal support waivers if “the party against whom 

enforcement of the spousal support provision is sought was not represented by 

independent counsel at the time the agreement containing the provision was signed, or if 

the provision regarding spousal support is unconscionable at the time of enforcement.”

(§ 1612, subd. (c).) An otherwise unenforceable spousal support provision in a 

premarital agreement does not become enforceable solely because the party against 

whom enforcement is sought was represented by independent counsel. 

Section 1615 sets forth the criteria for determining whether a premarital 

agreement is enforceable. Section 1615, subdivision (a) states: “A premarital agreement

is not enforceable if the party against whom enforcement is sought proves either of the 

following: [¶] (1) That party did not execute the agreement voluntarily. [¶] (2) The 

agreement was unconscionable when it was executed and, before execution of the 

agreement, all of the following applied to that party: [¶] (A) That party was not provided 

a fair, reasonable, and full disclosure of the property or financial obligations of the other 

party. [¶] (B) That party did not voluntarily and expressly waive, in writing, any right to 

disclosure of the property or financial obligations of the other party beyond the disclosure 

provided. [¶] (C) That party did not have, or reasonably could not have had, an adequate 

knowledge of the property or financial obligations of the other party.” 

Although section 1615, subdivision (a) places the ultimate burden of proof 

on the party claiming the premarital agreement is unenforceable, it does not raise a 

presumption that the premarital agreement is enforceable. To the contrary, section 

1615(c) states, “For the purposes of subdivision (a), it shall be deemed that a premarital 

agreement was not executed voluntarily unless the court finds in writing or on the record 

all of the following: [¶] (1) The party against whom enforcement is sought was 

represented by independent legal counsel at the time of signing the agreement or, after 

being advised to seek independent legal counsel, expressly waived, in a separate writing, 

representation by independent legal counsel. The advisement to seek independent legal 
8

counsel shall be made at least seven calendar days before the final agreement is signed. 

[¶] (2) One of the following: [¶] (A) For an agreement executed between January 1, 

2002, and January 1, 2020, the party against whom enforcement is sought had not less 

than seven calendar days between the time that party was first presented with the final 

agreement and advised to seek independent legal counsel and the time the agreement was 

signed. This requirement does not apply to nonsubstantive amendments that do not 

change the terms of the agreement. [¶] (B) For an agreement executed on or after 

January 1, 2020, the party against whom enforcement is sought had not less than seven 

calendar days between the time that party was first presented with the final agreement 

and the time the agreement was signed, regardless of whether the party is represented by 

legal counsel. This requirement does not apply to nonsubstantive amendments that do not 

change the terms of the agreement.” (Ibid., italics added.) This list is a series of 

objectively ascertainable factors which, if found by the trial court, would overcome the

presumption of involuntary execution.

Section 1615(c) in effect creates a presumption that a premarital agreement 

is unenforceable on the ground it was not executed voluntarily. Legislative history 

confirms that interpretation. The Legislative Counsel’s Digest of Senate Bill No. 78, 

which added subdivision (c) to section 1615, states, “[T]his bill would set forth specified 

findings that the court is required to make in order to find that the [premarital] agreement 

was executed voluntarily.” (Legis. Counsel’s Dig., Sen. Bill No. 78 (2001-2002 Reg. 

Sess.).) The Senate Judiciary Committee Analysis likewise states, “[T]his bill would 

provide that a court shall find that a premarital agreement was not executed voluntarily 

unless the court finds [listing required findings].” (Sen. Com. on Judiciary, com. on Sen.

Bill No. 78 (2001-2002 Reg. Sess.).) Thus, as summarized in In re Marriage of 

Cadwell-Faso & Faso (2011) 191 Cal.App.4th 945: “Among other matters, [Senate Bill 

No. 78] added subdivision (c) [to section 1615], which codifies the set of circumstances 

which, together, will defeat the default presumption that a premarital agreement was not 
9

executed voluntarily. Although under section 1615, subdivision (a), the party challenging 

enforceability of a premarital agreement bears the burden of proving involuntary 

execution or unconscionability, subdivision (c) lightens that burden when the contest 

centers on the issue of voluntary execution. The law now deems that a premarital 

agreement is not voluntarily executed unless the court makes all of the five designated 

findings. With the five findings, the presumption of involuntary execution is overcome as 

a matter of law.” (Id. at p. 956, italics added.)

Section 1615(c) thus “‘places an evidentiary burden upon the party seeking 

to enforce a premarital agreement: He or she must be prepared to present evidence 

sufficient for the court to make the § 1615(c)(1) through (5) findings; otherwise, the 

premarital agreement must be held unenforceable as having been involuntarily

executed.’” (In re Marriage of Cadwell-Faso, supra, 191 Cal.App.4th at p. 956; see In re 

Marriage of Clarke & Akel (2018) 19 Cal.App.5th 914, 919-920.)

Accordingly, while a premarital agreement might appear on its face to 

satisfy the conditions of section 1615(c)(1) and (2), it is the trial court’s findings that 

rebut the presumption that a premarital agreement was involuntarily executed. Unless 

and until the court makes such findings, a premarital agreement must be deemed to have 

been executed involuntarily and therefore to be unenforceable.

B. The Trial Court Made No Findings Under Section 1615(c)(1) and (2) 

and Was Not Asked to Do So

In the present case, the trial court did not make findings under section 

1615(c)(1) and (2) and, as a consequence, the Premarital Agreement must be deemed to 

have been involuntarily executed at the time the court ordered temporary spousal support. 

Because the Premarital Agreement was deemed to have been involuntarily executed, the 

court retained authority under section 3600 to award temporary spousal support to Debra. 
10

When the trial court heard Debra’s RFO it did not have jurisdiction to 

conduct a facial review of the Premarital Agreement and make findings under section 

1615(c). The court had jurisdiction only to decide the matters set for hearing that day, 

which were Debra’s RFO, which sought temporary spousal support and need-based 

attorney fees, and Peter’s responsive declaration, which sought bifurcation of trial on the 

validity of the Premarital Agreement and a continuance of the hearing on spousal support. 

(County of Los Angeles v. Superior Court (2015) 242 Cal.App.4th 475, 488.) Peter had 

not brought his own request for an order, and at the hearing his counsel did not ask the 

court to make findings under section 1615(c) but again requested the court to bifurcate 

the issue of the enforceability of the Premarital Agreement. 

Peter relies on Pendleton to support his argument that the trial court could 

not award temporary spousal support before resolving the issue of whether the Premarital 

Agreement is enforceable. In Pendleton, the California Supreme Court addressed the 

issue of “whether a premarital agreement in which the parties to be married waive the 

right to spousal support in case of dissolution is enforceable.” (Pendleton, supra, 24 

Cal.4th at p. 41.) In resolving that issue, the court engaged in an extensive and thorough 

discussion of the development of the law and evolving public attitudes towards 

dissolution and child support. (Id. at pp. 44-53.) The court concluded that “public 

attitude and contemporary official policy” on those subjects had “changed substantially 

over the past century” (id. at p. 52) and as a consequence a reassessment was warranted 

of the rule that premarital waivers of spousal support are unenforceable (id. at p. 53). 

The court reassessed that rule and held: “[N]o public policy is violated by permitting 

enforcement of a waiver of spousal support executed by intelligent, well-educated 

persons, each of whom appears to be self-sufficient in property and earning ability, and 

both of whom have the advice of counsel regarding their rights and obligations as marital 

partners at the time they execute the waiver. Such a waiver does not violate public policy 

and is not per se unenforceable. . . .” (Id. at pp. 53-54.)
11

Peter argues Pendleton “completely invalidates [Debra’s] position and the 

trial court’s ruling.” Peter reads too much into that case. The only issue before the 

Supreme Court in Pendleton was whether a premarital agreement in which the parties 

waived the right to spousal support in the event of dissolution was per se unenforceable. 

The Pendleton court did not address whether a court can order temporary spousal support 

before conducting a bifurcated trial on the enforceability of such a premarital agreement. 

The Pendleton court did not address the effect of section 1615(c) and the statutory 

language making a premarital agreement to be deemed not to have been voluntarily 

executed unless the court makes the requisite findings to overcome that presumption. 

The Pendleton court did not address the procedural order in which the court must hear a 

request for temporary spousal support and make findings under section 1615(c).

C. Public Policy Supports a Presumption of Involuntary Execution

Public policy reinforces the statutory language and our conclusion the trial

court had discretion to award temporary spousal support. The state has an interest in 

ensuring that one spouse does not become a burden to the state pending a judgment of 

dissolution. For that reason, the Legislature granted courts the authority under section 

3600 to order spousal support necessary for the parties to a marital dissolution to 

maintain the living conditions and standards “in as close to the status quo position as 

possible pending trial and the division of their assets and obligations.” (Wittgrove, supra, 

120 Cal.App.4th at p. 1327.) The court here expressly stated the basis for the award was 

to maintain the status quo due to necessity. 

Such a policy moving forward supports the goals of the Legislature and 

public policy supports granting trial courts the discretion to award temporary spousal 

support until the court makes findings under section 1615(c) or adjudicates the 

enforceability of a premarital agreement. A court should have the discretion to award 

temporary support if the party in need of support cannot maintain the marital standard of 
12

living without the support pending the determination of whether a premarital agreement

is enforceable. Prohibiting an award of temporary spousal support in that situation may 

have the consequence of exacerbating the financial disparities, which in turn could impair 

or impede the ability of the party challenging the premarital agreement to litigate the 

issue of its validity. As we shall explain, if the Premarital Agreement ultimately is found 

to be enforceable, the court can make orders to permit Peter to recoup support payments. 

Peter argues that allowing trial courts to order temporary spousal support without first 

adjudicating the validity of a spousal support waiver would produce a chilling effect on 

the use and benefits of a premarital agreement. We do not believe our decision would 

have that effect. Whether or not a court awards temporary support, an enforceable 

premarital waiver of support has the substantial benefit of barring permanent support and 

any temporary support after an adjudication that the waiver is valid. Further, a party, 

such as Peter, who wants immediate enforcement of a spousal support waiver can make a 

request for an order for a facial review of the premarital agreement and for findings under 

section 1615(c). 

III. Remedies Are Available to Peter in the Event the Premarital Agreement is Held to be 

Enforceable

We invited the parties to submit supplemental briefs on the issue of 

whether the trial court can order reallocation or reimbursement of the amounts paid by 

Peter in the event the court ultimately determines the Premarital Agreement is 

enforceable. In response to our invitation, both Debra and Peter submitted supplemental 

briefs on that issue. After considering those briefs, we conclude the trial court may 

retroactively modify the temporary spousal support order and order reimbursement of 

amounts paid in temporary spousal support.
13

A. The Trial Court Reserved Jurisdiction to Modify Spousal Support 

Retroactively

The basic rule is that a temporary spousal support order “may be modified 

or terminated at any time except as to an amount that accrued before the date of the filing 

of the notice of motion or order to show cause to modify or terminate.” (§ 3603; see 

§ 3651, subd. (c)(1) [same but noting an exception inapplicable here]; §3653, subd. (a) 

[“[a]n order modifying or terminating a support order may be made retroactive to the date 

of the filing of the notice of motion or order to show cause to modify or terminate, or to 

any subsequent date” subject to exceptions inapplicable here].) Several cases have 

carved out an exception to allow retroactive modification to the date of the support order 

if the trial court expressly reserved jurisdiction. (In re Marriage of Spector (2018) 24 

Cal.App.5th 201, 208-210; In re Marriage of Freitas (2012) 209 Cal.App.4th 1059, 

1073-1074; In re Marriage of Gruen (2011) 191 Cal.App.4th 627, 639.) “Distilled 

simply, Gruen and Freitas together establish the rule that a trial court lacks jurisdiction to 

retroactively modify a temporary support order to any date earlier than the date on which 

a proper pleading seeking modification of such order is filed [citation], unless the trial 

court expressly reserves jurisdiction to amend the support order such that the parties’

clear expectation is the original support award is not final [citation].” (In re Marriage of 

Spector, at p. 210.)

Here, the trial court stated near the end of the hearing: “[T]o be clear, the 

order regarding spousal support . . . may be reallocated at the conclusion, obviously, of 

course, for example if the premarital agreement is found to be valid and there’s a 

determination that there was no spousal support, obviously [Peter] will be given credits at 

the conclusion of the case.” Peter contends this is not an express reservation of 

jurisdiction. We conclude it is. The court had just bifurcated the issue of enforceability 

of the Premarital Agreement and recognized that resolution of that issue might affect the 

validity of the award of spousal support. The court expressly and clearly announced its 
14

intent to grant Peter credits if the Premarital Agreement was found to be enforceable. 

The parties’ clear expectation, based on the court’s statements and the circumstances of 

case, must have been that the issue of spousal support would not be finally decided until 

the bifurcated trial on the issue of the enforceability of the Premarital Agreement.

B. We Resolve Any Doubts About Appellate Jurisdiction by Treating the 

Appeal as a Petition for Writ of Mandate

Peter argues that if the trial court did reserve its jurisdiction, then the order 

awarding temporary spousal support would not be final for purposes of the collateral 

order doctrine, and, as a consequence, we would lose jurisdiction over the appeal. Under 

the collateral order doctrine, “[w]hen a court renders an interlocutory order collateral to 

the main issue, dispositive of the rights of the parties in relation to the collateral matter, 

and directing payment of money or performance of an act, direct appeal may be taken.” 

(In re Marriage of Skelley (1976) 18 Cal.3d 365, 368.) Final orders awarding or denying 

temporary spousal support are directly appealable under the collateral order doctrine. 

(Ibid.; see Hogoboom & King, Cal. Practice Guide: Family Law (The Rutter Group 

2022) ¶ 16:269, p. 16-101.)

A reservation of jurisdiction usually will render a temporary support award 

to be nonfinal and, hence, not directly appealable. (See In re Marriage of Freitas, supra, 

209 Cal.App.4th at pp. 1074-1075.) Although the trial court here reserved jurisdiction, 

we conclude the interests advanced by the collateral order doctrine are best served by 

deeming the order awarding temporary spousal support to be appealable. “The interest 

that is served by the collateral order doctrine is the expeditious completion of appellate 

review, when that can be accomplished without implicating the merits of the underlying 

controversy. The collateral order doctrine also preserves appellate review when, without 

the invocation of this doctrine, appellate review would be foreclosed.” (Muller v. Fresno 

Community Hospital & Medical Center (2009) 172 Cal.App.4th 887, 904.)
15

In any event, we resolve any doubts about our appellate jurisdiction by 

exercising our discretion to treat Peter’s appeal as a petition for writ of mandate. 

(Morehart v. County of Santa Barbara (1994) 7 Cal.4th 725, 744-746; Olson v. Cory

(1983) 35 Cal.3d 390, 400-401.) The appellate record contains all the elements or their 

functional equivalents required for a writ of mandate proceeding, the matter is fully 

briefed, argued, and submitted, there is no indication the trial court would appear as a 

party in a writ proceeding, and judicial economy would not be served by deferring 

resolution of the issues presented until rendition of an appealable judgment or order. 

(Olson, at pp. 400-401.) 

C. The Trial Court Can Order Reimbursement of Temporary Spousal 

Support if the Premarital Agreement is Enforceable

Peter argues that in the event the Premarital Agreement is determined to be 

enforceable, it would be difficult, if not impossible, for him to recover from Debra the 

amounts he paid her in temporary spousal support. We conclude Peter has adequate 

means to obtain reimbursement. If the trial court determines the Premarital Agreement is 

enforceable, the court can order Debra to account for the support payments she received 

(Palmquist v. Palmquist (1963) 212 Cal.App.2d 322, 337), order reimbursement to Peter, 

and enforce that order by means of section 290. 

Section 290 states: “A judgment or order made or entered pursuant to this 

code may be enforced by the court by execution, the appointment of a receiver, or 

contempt, or by any other order as the court in its discretion determines from time to 

time to be necessary.” (Italics added.) “Thus, the Family Code generally confers on the 

trial court broad discretion to select appropriate enforcement remedies and terms; and, in 

exercising that discretion, to take the equities of the situation into account.” (Hogoboom 
16

& King, supra, California Practice Guide: Family Law, ¶ 18:1.5 at p. 18-1.)5 The court’s 

enforcement remedies include, for example, issuance of a writ of execution (In re 

Marriage of Farner (1989) 216 Cal.App.3d 1370, 1374-1376) and ordering the sale of 

Debra’s share of community property (see Bonner v. Superior Court (1976) 63 

Cal.App.3d 156, 166-167 [court has power to order sale of property awarded to wife to 

effectuate judgment requiring she make an equalizing payment]).

IV. Procedure to Enforce Spousal Support Waiver in Premarital Agreements

In his supplemental brief, Peter suggests a procedure for ruling on a request 

for temporary spousal support in the face of a support waiver in a premarital agreement. 

He proposes that the trial court first conduct a facial review of the premarital agreement 

to determine whether the agreement on its face complies with section 1615(c). 

We agree that would be a sensible approach and, in this case, might have 

averted this appeal and, potentially, the need to recoup support payments made to Debra. 

We stress, however, that a premarital agreement is presumed not to have been executed 

voluntarily. It is therefore incumbent upon the party seeking to enforce a premarital 

agreement to initiate this first step by bringing a request for order for the trial court to 

undertake such a facial review and make findings under section 1615(c). 

5

 Peter argues that reimbursing him out of Debra’s share of the community 

assets might violate the statutory requirement that community assets be divided equally 

unless the parties agree otherwise. (§ 2550; see In re Marriage of Cream (1993) 13 

Cal.App.4th 81, 88.) We leave to the trial court the determination of the appropriate 

means of applying section 290 to reimburse Peter if that becomes necessary. We note, 

however, the requirement of equal division of community assets does not necessarily 

mean that one spouse’s equal share of those assets cannot be subject to a charge. (In re 

Marriage of Feldner (1995) 40 Cal.App.4th 617, 625 [reimbursement of spouse who 

used separate property to pay community debt].)
17

DISPOSITION

The petition for writ of mandate is denied. Debra shall recover costs on 

appeal. 

SANCHEZ, J.

WE CONCUR:

BEDSWORTH, ACTING P. J.

DELANEY, J.