Campbell

Family Code section 4337 1 provides: “Except as otherwise agreed by the parties in writing, the obligation of a party under an order for the support of the other party terminates upon the death of either party or the remarriage of the other party.” The sole question before us is whether this section applies to terminate a temporary spousal support order when the supported spouse “remarries” prior to judgment dissolving the first marriage. We conclude, as the trial court did, that the section does not apply in this situation.

I. Facts

Eric Campbell and Rebekah Campbell were married for over 13 years. Eric 2 filed a petition for dissolution of the marriage on February 26, 2004. In or about April 2004, pursuant to an agreement between the parties, the trial court ordered Eric to pay Rebekah $3,500 per month as temporary spousal support. (§ 3600.) In October 2004, while the matter was still pending, Rebekah was remarried in Nevada. The remarriage, of course, was void, since Rebekah was still married to Eric. (§ 2201; Pen. Code, § 281.)

Eric filed a motion to terminate his spousal support obligation. Eric asked the court to grant a status-only judgment and to enter the…