Someone who thinks that he/she is legally married to someone but in reality is not is called a putative spouse. For example, if a woman married an already married man without knowing of his previous marriage, she would be called a putative wife and the marriage a putative marriage. Answered below are some of the questions regarding putative marriages.

Would it be considered a putative marriage if a couple has been living together for many years?

Living together would not mean that the couple is married. It would only mean that they have been cohabitating. Unless there was a ceremony or a marriage license, it would not be considered a marriage. A putative marriage is when the couple feels that their marriage is legal but in reality it is not due to some issue or the other.

Would the second marriage be considered legal if an individual got married before divorcing his/her first spouse?

If an individual gets married before ending his/her previous marriage, the second marriage may not be considered legal. This is because the individual will be legally bound by the first marriage. However, the individuals marriage may be considered a putative marriage if he/she is able to prove that he/she had no knowledge of his/her spouses first marriage and married the person in good faith. If the marriage is a putative marriage, the individual may get all the benefits of the marriage like marital property, marital accounts and spousal support. However, in order to get these benefits, the individual may have to prove that the marriage was putative.

One of the spouses was married to another person when still being married. However, the other spouse died. Would the marriage, in such a scenario be considered legal?

The second marriage will be considered invalid if the person was had not ended the first marriage when getting married the second time. The couple will have to remarry for the marriage to be legally recognized. However, if one of the parties is able to prove that he/she got married in good faith, then he/she may be able to get putative rights.

Should the couple inform the IRS or the court if they find out that their marriage is a putative marriage?

Many times couples are happily married only to find out after a few years that their marriage is not legal. Most of the times, one finds out about this during divorce settlement and it can have a great impact on the marriage. One may not have any kind of consequence with the IRS or the court if one is able to prove that the marriage took place in good faith. Since there was a wedding ceremony and the couple thought they were legally married, they may be able to sue each other for distribution of assets at the time of separation. They may not even have to go to court if both the parties are in agreement regarding the property distribution.

What can someone do if the person who conducts the wedding did not have a license and the marriage was never consummated?

The couple may contact the family law division of a superior court and ask them for a divorce packet if they want to end a putative marriage. The couple may also have marriage annulment as an option if they did not consummate the marriage.

Though marriage is a wonderful experience, it can become a legal pain for some people. Legal questions about marriage may not always be easy to answer or understand. One may ask a family lawyer if one needs any questions regarding marriage answered.