Kilroy

May a court order payment of temporary spousal support and litigation expenses, including attorney fees, in a civil action by one spouse to enforce the other’s duty of support during the marriage? Although this precise question has not been previously decided, closely related precedent dictates an affirmative answer. We therefore affirm the interim support orders under review, which are challenged only for lack of authority.

Statement

In January 1994, plaintiff, Chan tal S. Kilroy, commenced suit for spousal support and related injunctive relief against her husband, defendant John B. Kilroy, pursuant to Family Code sections 4300 and 4303. The complaint alleged that Mr. Kilroy was failing and refusing to support his wife, in accordance with their marital standard of living, “or at all.” Plaintiff further alleged that defendant had closed her charge accounts, which she required for her self-support, had refused to renew insurance on her valuables, and had attempted to deny her access to their residence, or use of it for plaintiff’s charitable activities. Plaintiff prayed injunctive relief against these deprivations, as well as temporary and permanent support, including…