Illinois Compiled Statutes
750 ILCS 5/305 (2026)
Putative Spouse
✓ current as of May 2026
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(750 ILCS 5/305)
(from Ch. 40, par. 305)
Sec. 305.
Putative Spouse.) Any person, having gone through
a marriage ceremony, who has cohabited with another to whom he
is not legally married in the good faith belief that he was
married to that person is a putative spouse until knowledge
of the fact that he is not legally married terminates his 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 status,
whether or not the marriage is prohibited, under Section 212,
or declared invalid, under Section 301. If there is a legal
spouse or other putative spouse, 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.
This Section shall not apply to common law marriages contracted
in the State after June 30, 1905.
(Source: P.A. 80-923.)
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1994–2024 · leading case: In re Est. of McDonald, 2024 IL App (2d) 230195 (Ill. App. Ct. 2024).
In re Est. of McDonald, 2024 IL App (2d) 230195 (Ill. App. Ct. 2024). “” Ellizzette asserted that, while the supreme court’s decision “appears to have removed [her] status” as John’s legal spouse, it “now also establishes her ability to claim status as the putative spouse of [John] pursuant to [section 305 of the Marriage Act] 750 ILCS 5/305 [(West…”
Doss v. Gilkey, 649 F. Supp. 2d 905 (S.D. Ill. 2009). “2d 201, 205 (1998) (collecting cases); see 750 ILCS 5/305 (anyone having gone through a ceremony, who has cohabited, and who has a good faith belief they are married is a “putative spouse,” thereby acquiring the legal rights of a spouse until s/he has knowledge the marriage is…”
In re Marriage of Chee, 2011 IL App (1st) 102797 (Ill. App. Ct. 2011). “750 ILCS 5/305 (West 2008). He acknowledged that while he and Nelia were purportedly married to each other, they purchased a condominium -2- unit in Prospect Heights, Illinois, and had a son on October 5, 1985, and a daughter on November 28, 1986.”
In Re Est. of Hall, 707 N.E.2d 201 (Ill. App. Ct. 1998). “" 750 ILCS 5/305 (West 1996). In this case, petitioner admits that she knew that she was not legally married to Hall.”
In Re Marriage of May, 678 N.E.2d 71 (Ill. App. Ct. 1997). “750 ILCS 5/305 (West 1994). Neither of these provisions is inconsistent with our interpretation of section 212(b).”
In re Est. of Hall, 707 N.E.2d 201 (Ill. App. Ct. 1998). “” 750 ILCS 5/305 (West 1996). In this case, petitioner admits that she knew that she was not legally married to Hall.”
In Re Est. of Banks, 629 N.E.2d 1223 (Ill. App. Ct. 1994). “red in holding that Illinois law controls instead of Arkansas law, because the marriage was contracted under Arkansas law, and that such marriage would be void under Arkansas law, (2) that even under Illinois law, decedent’s and Barbara’s marriage was invalid, because (a)…”
In re Marriage of Calk, 2020 IL App (1st) 182512-U (Ill. App. Ct. 2020). “5 million capital contribution is deemed to have transmuted to his non-marital estate because he contributed those funds to Chicago Bancorp ***, Donna would have the right to seek reimbursement pursuant to section 503(c)(2)(A) [of the Act (750 ILCS 5/305(c)(2)(A) (West 2016))].”…”
— 750 ILCS 5/305(c)(2)(A) — 1 case
In re Marriage of Calk, 2020 IL App (1st) 182512-U (Ill. App. Ct. 2020). “5 million capital contribution is deemed to have transmuted to his non-marital estate because he contributed those funds to Chicago Bancorp ***, Donna would have the right to seek reimbursement pursuant to section 503(c)(2)(A) [of the Act (750 ILCS 5/305(c)(2)(A) (West 2016))].”…”
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