Also known as: and or · either or both
Written by attorneys · grounded in primary & secondary sources — see below
A connector in legal drafting that joins two or more items to indicate that they may apply jointly, severally, or in either combination. The phrase creates ambiguity because it can be read as requiring both items, either item alone, or both possibilities simultaneously. Legal drafters therefore replace it with explicit phrasing such as "either or both" or "or both" to fix the intended scope.
After their divorce, Amber and Anthony disputed responsibility for their child's expenses. The court reviewed the parents' respective incomes and resources. It then ordered either or both parents to pay reasonable support amounts without regard to marital misconduct.
Alfred's will left property to his brothers and sisters. The court applied the single-generation presumption that the class includes children of either or both parents. It therefore included all siblings of the whole or half blood and excluded their descendants.
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During dissolution proceedings, Ariana and Anita each held separate and marital property acquired at different times. The court apportioned all assets belonging to either or both spouses after weighing statutory factors including contributions and needs.
In a custody dispute, the court determined that the minor child needed independent representation. It appointed an attorney and directed that the order for fees run against either or both parents unless one was indigent.
The phrase creates ambiguity because it can be read as requiring both items, either item alone, or both possibilities at once. Courts have construed it inconsistently across hundreds of cases, sometimes voiding documents that used it. Drafters therefore substitute explicit language such as "either or both" to fix the intended meaning.
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The phrasing "either or both" expressly signals that the obligation or right may attach to one party alone or to both parties together. Statutes using this language, such as those governing child support and property division, thereby eliminate the risk that a reader will force an unintended joint or several construction.
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No. Courts have reached conflicting results on whether the phrase is inclusive, exclusive, or both, leading to stricken pleadings, void judgments, and protracted litigation. Because of this history, modern drafting manuals uniformly recommend against its use.
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