Also known as:equitable putative-spouse doctrine · putative spouse doctrine · putative spouse
Written by attorneys · grounded in primary & secondary sources — see below
A doctrine under which a person who cohabits with another in the good-faith belief that they are legally married acquires the rights of a legal spouse. The status continues until the person learns that the marriage is invalid. Rights acquired include claims to maintenance and property division upon termination of the relationship.
Sources & Authorities
How it applies
Common Examples
3
Chapel Ceremony With Revoked Officiant
Dana and Leo participated in a chapel ceremony in Las Vegas and obtained a marriage certificate. They cohabited for four years and shared finances while holding themselves out as spouses. After Leo died, the insurer discovered the officiant's license had been revoked months earlier. Dana had remained unaware of the defect until after his death. The court treats Dana as a putative spouse and permits her to claim spousal maintenance and property rights from the estate.
Union Hall Ceremony With Lapsed Credentials
William and Lee participated in a union hall ceremony performed by an officiant they believed retained authority. They cohabited for several years, filed joint tax returns, and held themselves out as spouses. Union newsletters and coworker comments later indicated the officiant lacked credentials. William continued the relationship without inquiry until a workplace injury prompted investigation. The court determines that William's good-faith belief terminated upon receiving the warnings, cutting off further putative spouse rights.
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Common Law
Study Supplements
Hewitt v. Hewitt394 N.E.2d 1204 (Ill.1979)
Halftime Ceremony With Executive Assurances
Colin and Terry participated in a publicized halftime ceremony at a charity game after team executives assured them it would create a legal marriage. They cohabited in a team-provided condominium and appeared as spouses at franchise events. Internal emails later described the event as non-binding entertainment. Colin maintained separate finances and told personal friends they were only partners. The court finds Colin's good-faith belief supported putative spouse claims for maintenance and property apportionment during the period of reliance.
Marvin v. Marvin557 P.2d 106 (Cal. 1976)
Common questions
Frequently Asked
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What elements must a claimant prove to qualify as a putative spouse?+
The claimant must show cohabitation with another person and a good-faith belief that a valid marriage existed. The status lasts only until the claimant learns the marriage is invalid. Once that knowledge arises, no further rights accrue.
Supporting sources
Does a licensing or officiant defect prevent putative spouse status?+
No. The doctrine specifically addresses situations where the marriage is void due to defects such as a missing license or unauthorized officiant. Good-faith belief in validity despite the defect triggers the protections.
Supporting sources
How does the court handle multiple claimants including a legal spouse?+
Putative spouse rights do not supersede those of a legal spouse. The court apportions property, maintenance, and support among all claimants according to the circumstances and the interests of justice.
Supporting sources
Does specialized knowledge of marriage formalities automatically destroy good faith?+
Not automatically. A claimant's professional role may supply actual knowledge of defects that terminates good-faith belief, but the court examines whether the specific information received would have ended an honest conviction of validity.
Supporting sources
394 N.E.2d 1204 (Ill. 1979)Family Law
…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…
Family LawGetting married · Procedural requirementsUBEIntermediate