Also known as: putative spouse · 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, acquiring the rights of a legal spouse until actual knowledge of the invalidity terminates the status.
Pierce Patterson and Piper Patel exchanged vows at a roadside chapel that advertised legal weddings. They cohabited as spouses for years and filed joint returns. After Pierce's death, Piper sought survivor benefits. The court treated Piper as a putative spouse because she maintained a good faith belief in the marriage's validity throughout the cohabitation.
Paul Peterson and Pavel Petrov held a ceremony in the hospital chapel after HR confirmed spousal benefits would apply. They cohabited for three years. When Paul sought maintenance after separation, the court recognized his putative spouse status because he had cohabited under a continuing good faith belief that the marriage was valid.
Select any source to read its text and confirm it supports the definition.
Patrick Phan and Pierre Poulin participated in a union hall ceremony. They cohabited for years and held themselves out as spouses. After receiving union newsletters and coworker comments questioning the officiant's authority, Patrick continued without inquiry. The court held that Patrick's putative spouse status had terminated once the information ended his good faith belief.
No. The doctrine turns on the individual claimant's good faith belief that a valid marriage existed. The other party's knowledge or belief is irrelevant to the claimant's status.
Supporting sources
Status continues until the person acquires actual knowledge that the marriage is not legally valid. At that point further rights cease to accrue.
Supporting sources
A putative spouse acquires the rights of a legal spouse, including claims for maintenance and an equitable share of property upon termination of the relationship.
Supporting sources
No. The doctrine specifically protects parties who cohabit under a good faith belief despite defects such as an absent license or unauthorized officiant.
Supporting sources
Rights of a putative spouse 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
…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…