What is effect of a Voidable Marriage on Divorce Proceedings?

A husband recently discovered during divorce litigation that he and his wife were never lawfully married due to a licensing defect. He sought and was granted an annulment. As a result, the courts proceeded as though the parties were never married. For example, the wife could not longer receive spousal support and the parties’ marital settlement agreement was unenforceable. However, the court held that the award of pendente lite support that had been already awarded to the wife remained valid. As a result, she did not have to refund the husband for the amounts he had paid to her.