2021 Colorado Code
Title 14 - Domestic Matters
Article 2 - Marriage and Rights of Married Persons
Part 1 - Uniform Marriage Act
§ 14-2-111. Putative Spouse

A person who has cohabited with another to whom he or she is not legally married in the good faith belief that he or she was married to that person is a putative spouse until knowledge of the fact that he or she is not legally married terminates his or her status and prevents acquisition of further rights. A putative spouse acquires the rights conferred upon a legal spouse, including the right to maintenance following termination of his or her status, whether or not the marriage is prohibited under section 14-2-110 , declared invalid, or otherwise terminated by court action. If there is a legal spouse or 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, but the court shall apportion property, maintenance, and support rights among the claimants as appropriate in the circumstances and in the interests of justice.

History. Source: L. 73: R&RE, p. 1019, § 1. C.R.S. 1963: § 90-1-11. L. 2018: Entire section amended,(SB 18-095), ch. 96, p. 753, § 6, effective August 8. History. Source: L. 73: R&RE, p. 1019, § 1. C.R.S. 1963: § 90-1-11. L. 2018: Entire section amended,(SB 18-095), ch. 96, p. 753, § 6, effective August 8.

For the legislative declaration in SB 18-095, see section 1 of chapter 96, Session Laws of Colorado 2018.

Knowledge that one is married to another person negates good faith belief required of putative spouse. People v. McGuire, 751 P.2d 1011 (Colo. App. 1987).

Putative spouse entitled to legal spouse's right to workmen's compensation. While it is true that a marriage entered into prior to dissolution of a previous marriage is prohibited in Colorado, an innocent party to such a marriage is not deprived of the rights conferred upon a legal spouse. As a putative spouse, upon the other person's death, she acquires the legal spouse's right to workmen's compensation. Williams v. Fireman's Fund Ins. Co., 670 P.2d 453 (Colo. App. 1983).

A common law marriage cannot be found where decedent knew that plaintiff was legally married to someone not the decedent at the time the decedent died despite anything decedent may have said regarding an intention to marry plaintiff and plaintiff's acquisition of a retroactive divorce after decedent died. The court will not speculate as to what the decedent might have intended regarding marriage had he been aware of the removal of the legal disability during his lifetime. Crandell v. Resley, 804 P.2d 272 (Colo. App. 1990).

Belief by parties that they had entered into a “religious” or “celestial” marriage does not establish putative spouse status if parties were aware that plaintiff was still legally married to someone else at the time of the “celestial” marriage. Combs v. Tibbitts, 148 P.3d 430 (Colo. App. 2006).

A party may not attain putative spouse status if a court determines that no common law marriage existed and no other impediment to a legal marriage existed. In re Parental Responsibilities of D.P.G., 2020 COA 115 , 472 P.3d 567.