## Facts

- Eve Lynn Recknor married Gerard Cautero and later filed for divorce on May 4, 1965.
- Eve and Ralph W. Recknor participated in a ceremonial marriage on May 19, 1965, before any interlocutory or final decree ended Eve’s prior marriage.
- The interlocutory judgment in Eve’s prior divorce was entered October 4, 1965; the divorce became final July 6, 1966.
- In 1980, Eve sought dissolution of her relationship with Ralph, plus custody orders and financial relief, including temporary spousal support and attorney’s fees.
- Ralph responded seeking dissolution and a declaration of nullity, asserting the 1965 marriage was void (prior undissolved marriage) and/or voidable.
- The parties disputed good faith and knowledge at the time of the 1965 ceremony:
  - Ralph testified he did not know Eve remained married until about a year later; after learning, he continued cohabiting with Eve and fathered another child.
  - Eve testified she told Ralph before the ceremony that she was still married and that the ceremony would not be legally effective.
- The trial court issued an interim order requiring Ralph to pay spousal support pendente lite and attorney’s fees; Ralph appealed.

## Issues

1. Whether the trial court could treat Eve as a putative spouse for purposes of pendente lite spousal support and attorney’s fees despite the apparent invalidity of the 1965 marriage at inception.
2. Whether evidence that a party knew a prior marriage was undissolved defeated putative spouse status and required reversal of temporary support and fee orders.

## Decision

- The Court of Appeal affirmed the order requiring Ralph to pay spousal support pendente lite and attorney’s fees.
- The court held that putative spouse status and good faith presented factual questions for the trial court on conflicting evidence.
- Applying a deferential standard, the court declined to reweigh testimony or disturb implicit credibility determinations supporting the interim award.

## Legal Principles

- A putative spouse is one who subjectively and in good faith believes the marriage is valid, even if the marriage is void or voidable due to an impediment.
- Actual knowledge that a prior marriage has not been dissolved generally defeats the “good faith” element for putative spouse status, but the determination remains fact-specific.
- Pendente lite spousal support and attorney’s fees are committed to the trial court’s broad discretion to allow fair litigation of marital status and related issues.
- On appeal from temporary family law orders, the reviewing court applies abuse-of-discretion review and upholds the order if supported by substantial evidence.

## Conclusion

The court affirmed temporary spousal support and attorney’s fees because the trial court could, on conflicting evidence about knowledge and good faith, treat the wife as a putative spouse at the interim stage, and the appellate court would not reweigh credibility or substitute its judgment absent an abuse of discretion.


In re Marriage of Recknor, 138 Cal. App. 3d 539 (Ct. App. 1982)