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.
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.
Cross references: For the legislative declaration in SB 18-095, see section 1 of chapter 96, Session Laws of Colorado 2018.
Structure Colorado Code
Article 2 - Marriage and Rights of Married Persons
§ 14-2-102. Purposes - Rules of Construction
§ 14-2-103. Uniformity of Application and Construction
§ 14-2-105. Marriage License and Marriage Certificate
§ 14-2-106.5. License to Marry Without Appearing in Person - Repeal
§ 14-2-107. When Licenses to Marry Issued - Validity
§ 14-2-109. Solemnization and Registration of Marriages - Proxy Marriage
§ 14-2-109.3. Rights of Underage Married Persons
§ 14-2-109.5. Common Law Marriage - Age Restrictions