(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.)
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