Also known as: putative spouse · putative marriage · putative marriage doctrine
Written by attorneys · grounded in primary & secondary sources — see below
A doctrine that confers the rights of a legal spouse on a person who cohabits with another in the good faith belief that a valid marriage exists even though the marriage is legally invalid. The status continues until the person acquires knowledge that the marriage is not valid and prevents acquisition of further rights. A putative spouse may obtain maintenance and an equitable share of property upon termination of the relationship subject to apportionment if a legal spouse or other putative spouses also claim rights.
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Dana and Leo obtained a marriage certificate after an overnight chapel ceremony in Las Vegas and cohabited as spouses for four years while sharing finances. After Leo died the insurer discovered the officiant license had been revoked before the ceremony. Because Dana never learned of the defect during the relationship a court treats her as a putative spouse and awards her survivor benefits and maintenance rights on the same footing as a legal spouse.
Colin and Terry participated in a publicized halftime ceremony at a charity game after team executives assured them the event would make their union legally official. They cohabited in a team-provided condominium and held themselves out as spouses at franchise events. When the relationship ended Colin sought maintenance and a share of Terry contract bonus. A court recognizes Colin putative spouse status because his good faith belief continued until he learned of the internal non-binding description.
William and Lee participated in a union hall ceremony performed by the union long-time officiant whom they believed retained authority. They cohabited for several years filed joint tax returns and held themselves out as spouses. Union newsletters and coworker jokes later indicated the officiant license had lapsed but William made no inquiry. After a workplace injury revealed the defect William claim for maintenance as a putative spouse fails because the warnings terminated his good faith belief before the settlement.
The claimant must show cohabitation with another person in the good faith belief that a valid marriage existed even though the marriage was legally invalid. The status lasts until the claimant gains actual knowledge that the marriage is not valid.
Supporting sources
Yes. A putative spouse acquires the rights conferred upon a legal spouse including the right to maintenance following termination of the status. The court may apportion those rights if a legal spouse or other putative spouses also assert claims.
…the Illinois Marriage and Dissolution of Marriage Act, the legislature adopted for the first time the civil law concept of the putative spouse. The Act provides that an unmarried person may acquire the rights of a legal spouse only if he goes through a marriage ceremony and cohabits with another in the good-faith belief that he is…
…contains several definitions of different types of marriage that are, by definition, not legally recognized. For example, "
Supporting sources
No. The doctrine focuses on the individual good faith belief of the claimant who seeks spousal-type rights. It is irrelevant whether the other party shared the belief or knew of any defect.
Supporting sources
Common law marriage requires an agreement to be married followed by cohabitation and holding out as spouses with no ceremony. The putative spouse doctrine applies when the parties participated in a ceremony that one or both believed created a valid marriage but a legal defect rendered it invalid.
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The status terminates immediately upon acquisition of that knowledge and prevents acquisition of any further rights from that point forward. Rights already acquired during the period of good faith belief remain enforceable.
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