Rights Of Partners To An Invalid Marriage

If you believed in good faith that your marriage was
 valid, you are likely to be treated as a “putative 

A putative spouse is a person who has cohabited with another to whom he/she is not legally married in the good faith belief that he/se was married to that person.

A putative spouse is generally treated as
 a legal spouse, at least until the time the spouse learns 
that the marriage was invalid. The putative spouse doctrine is strictly followed under these circumstances. This is because the doctrine was developed to protect the financial and property rights of  couples who in good faith entered into an invalid marriage believing it was a valid.

If your state recognizes the putative spouse doctrine and you qualify under its terms, you will be afforded the protections of your states community property laws and rights which may include full spousal support and equal division of all community property. The division of community property does not include the other spouse’s separate property which is that property that was acquired before the date of the voidable marriage.


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