Legal Definitions - Putative Spouse Doctrine

The Putative Spouse Doctrine is a legal principle designed to protect individuals who genuinely believe they are in a valid marriage, only to discover later that their marriage is legally void because their spouse was already married to someone else. This doctrine applies when one person enters into a marriage in good faith, unaware that their partner is still legally married to another individual (a bigamous marriage). The person who unknowingly enters this invalid marriage is referred to as the "putative spouse."

In jurisdictions that recognize this doctrine, the putative spouse may be granted certain financial and property rights, similar to those of a legally married spouse, even though their marriage was never technically valid. These rights are intended to prevent unfair financial hardship for someone who acted in good faith and was unaware of the legal impediment to their marriage.

• Example 1: Discovery During Separation

  Maria marries Robert after he assures her he finalized his divorce. They live together for fifteen years, jointly purchasing a home, cars, and building a retirement fund. When their relationship ends, Maria discovers that Robert's divorce from his first wife was never legally completed, making their marriage invalid.

  In this situation, Maria is the putative spouse. She entered the marriage in good faith, genuinely believing it was valid. The Putative Spouse Doctrine would allow her to claim a share of the marital property and assets accumulated during their fifteen years together, despite the legal invalidity of her marriage to Robert, protecting her financial interests.

• Example 2: Deception with Forged Documents

  Alex meets and marries Jessica, who presents him with official-looking documents confirming her previous marriage was dissolved. They establish a life together, including starting a business and buying investment properties. Years later, it comes to light that Jessica had forged the divorce papers and was still legally married to her first husband when she married Alex.

  Alex is the putative spouse here. He relied on what he believed were legitimate documents and entered the marriage in good faith. Even though his marriage to Jessica is legally void due to bigamy, the Putative Spouse Doctrine would enable Alex to seek a division of the assets and business interests they acquired, recognizing his contributions and protecting him from financial loss due to Jessica's deception.

• Example 3: Unaware of Prior Marriage in Another Jurisdiction

  Benjamin marries Chloe in a civil ceremony, unaware that Chloe had previously married someone in a different country and never legally dissolved that union. They move to a state that recognizes the Putative Spouse Doctrine, purchase a home, and open joint bank accounts. When Chloe's first spouse unexpectedly reappears, Benjamin learns his marriage to Chloe was never valid.

  Benjamin is the putative spouse because he married Chloe in good faith, genuinely believing she was free to marry. Despite the legal invalidity of their marriage due to Chloe's undisclosed prior union, the Putative Spouse Doctrine would allow Benjamin to claim a share of the property and financial assets they accumulated during their time together, ensuring he is not unfairly penalized for a situation he was unaware of.