Any person who has cohabited with another to whom the person is not legally married in the good faith belief that the person was married to the other is a putative spouse until knowledge of the fact that the person is not legally married terminates the 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 the status, whether or not the marriage is prohibited or declared a nullity. 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.
Notes of Decisions
Cited in
8
cases, 1985–2019 · leading case:
Manker v. Manker, 644 N.W.2d 522 (Neb. 2002).
Manker v. Manker, 644 N.W.2d 522 (Neb. 2002).
· cites it 2× “5/305 (Lexis 1999); Minn.Stat. Ann. § 518.055 (West 1990). The only prerequisite to a party's recovery under these statutes is cohabitation with another person in the good faith belief that they were married.”
Williams v. Williams, 97 P.3d 1124 (Nev. 2004).
· cites it 2× “96 (West 1999); Minn. Stat. Ann. § 518.055 (West 1990); Mont.”
Marriage of Choa Yang Xiong v. Su Xiong, 800 N.W.2d 187 (Minn. Ct. App. 2011).
· cites it 8× “” Based on the evidence adduced at the evidentiary hearing, the district court found that Yang was “a putative spouse who acquired the rights conferred upon *191 [Xiong’s] legal spouse until [Yang] had knowledge of the fact that she was not legally married to [Xiong]” under…”
Mjolsness v. Mjolsness, 363 N.W.2d 839 (Minn. Ct. App. 1985).
· cites it 2× “Minn.Stat. § 518.055 (1982) provides in part: Any person 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…”
Gertrude Thomas v. Louis W. Sullivan, Sec'y of Health & Human Servs., 922 F.2d 132 (2d Cir. 1990).
“1950); Minn.Stat. § 518.055. Though Congress gave no explanation in the legislative history for its decision to limit the deeming rule of § 416(h)(1)(B) to applicants who have gone through ceremonial marriages, it is inferable that the decision to continue to deny benefits to…”
Grabois v. Jones, 89 F.3d 97 (2d Cir. 1996).
“What Kay Jones contends-and what we sought guidance about in certifying a question to the New York Court of Appeals-is that the payment of benefits does not inevitably depend on the validity of a marriage.”
Grabois v. Jones, 77 F.3d 574 (2d Cir. 1996).
“750, ¶ 5/305 (Smith-Hurd 1995); Minn. Stat. § 518.055 (1994); Mont.Codc Ann.”
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