Also known as:putative spouses · putative marriage
Written by attorneys · grounded in primary & secondary sources — see below
A person who cohabits with another in the good faith belief that a valid marriage exists. The status continues until the person acquires knowledge that the marriage is not legally valid and thereby terminates the acquisition of further rights. A putative spouse receives the rights of a legal spouse, including claims to maintenance and property division upon termination of the relationship.
Sources & Authorities
How it applies
Common Examples
3
Chapel Ceremony With Defective Officiant
Pierce Patterson and Preston Pratt exchanged vows at a Las Vegas chapel after obtaining what appeared to be a valid marriage certificate. They cohabited for four years, shared finances, and held themselves out as spouses. After Pratt died, Patterson learned the officiant's license had been revoked before the ceremony. Patterson may claim maintenance and survivor benefits as a putative spouse because the good faith belief persisted throughout the cohabitation.
Courthouse Steps Ceremony Without License
Patrick Phan, a city clerk, and Portia Price participated in a public courthouse ceremony performed by an activist claiming judicial authority. They cohabited for six years, filed joint tax returns, and presented themselves as married. Phan later discovered no license had ever been issued or recorded. Phan's professional familiarity with licensing requirements undermines any claim that a good faith belief continued, so putative spouse status does not attach.
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Dictionaries
Hewitt v. Hewitt394 N.E.2d 1204 (Ill.1979)
Union Hall Ceremony After License Warning
Pilar Pena and Phuong Pham participated in a union hall ceremony performed by a long-time officiant. They cohabited for several years and filed joint returns. Union newsletters and coworker comments repeatedly indicated the officiant lacked credentials, yet Pena made no inquiry. Pena's failure to investigate after receiving concrete warnings ended any good faith belief, terminating putative spouse status before the relationship ended.
Marvin v. Marvin557 P.2d 106 (Cal. 1976)
Common questions
Frequently Asked
5
Does a putative spouse receive maintenance even if the marriage is void?+
Yes. The doctrine grants a putative spouse the rights of a legal spouse, including maintenance, upon termination of the status, whether or not the marriage is prohibited or declared invalid.
Supporting sources
When does putative spouse status end?+
Status ends when the person acquires knowledge that the marriage is not legally valid. Further rights cannot be acquired after that point.
Supporting sources
Does the presence of a legal spouse bar all claims by a putative spouse?+
No. Rights acquired by a putative spouse do not supersede those of a legal spouse, but a court apportions property, maintenance, and support among claimants as justice requires.
Supporting sources
Must both parties share the good faith belief for putative spouse status to arise?+
No. The doctrine focuses on the individual claimant's good faith belief that a valid marriage exists. The other party's knowledge or belief is irrelevant to the claimant's status.
Supporting sources
Can a person with specialized knowledge of licensing requirements still qualify as a putative spouse?+
It depends on the facts. Actual knowledge of a defect, such as a missing license, can prevent formation or terminate the status even if the person participated in a ceremony.
Supporting sources
557 P.2d 106 (Cal. 1976)Property
…decisions affirmed the power of a court to employ equitable principles to achieve a fair division of property acquired during putative marriage. ( Coats v. Coats (1911) 160 Cal. 671, 677-678 [118 P. 441]; Caldwell v. Odisio (1956) 142 Cal. App.2d 732, 735 [299 P.2d 14].)[^maj-15] Thus in summary, the cases prior to Cary…