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Defining Putative Spouse

Quick Facts

Putative spouse has status as like that of a legal spouse.
Putative spouse can have right to maintenance.
Putative spouse's rights cannot trump a legal spouse's or other putative spouse's rights.

Any person who has lived with another to whom the person is not legally married, in the good faith belief that the person was married to the other, is a putative spouse. When the person learns of the fact that the they are not legally married, the putative spouse status terminates and prevents acquisition of further rights.

A putative spouse acquires the rights of a legal spouse, including the right to maintenance following termination of the status, whether or not the marriage is prohibited or void.

If there is a legal spouse or are other putative spouses, rights acquired by a putative spouse do not supersede the rights of the legal spouse or those acquired by other putative spouses. The court will apportion property, maintenance, and support rights among the legal spouse and any putative spouses as appropriate in the circumstances and in the interests of justice.