Articles Posted in Putative Spouse doctrine

Ron White the famous comedian best known for a comedy touring group who alongside Jeff Foxworthy and Bill Engvall became very famous back in 2003.  Ron White’s wife is filing for divorce from Ron White, and it looks like the length of their union will be a major point of contention.  Length of marriage is an an important factor in many divorces.  The reason being is that in divorces you need to divide property according to the length of the marriage.  If parties were married more than ten years in California they can seek special treatment regarding spousal support.  A life time support award can be ordered by the Court if necessary to make the parties equal based on their standard of living.

In the case of Margo Rey who filed a divorce petition last week in Los Angeles and is saying she and Ron white had been separated since May 8. Another major reason the date of separation might be an issue is that of dividing a pension or retirement account.  The time rule is an important rule that courts use to determine how much one spouse gets from the other spouse when dividing the community interest in retirements. Margo Rey got married to Ron White in October 2013 and has no children with him.

Another issue that is not commonly seen in Courts deals idea of a Common Law marriage which she states started in Texas in 2008.  That would then give her over ten years of marriage and therefore lifetime spousal support.  In Texas, a couple can be considered married in the eyes of the law if they live together as husband and wife and hold themselves out in public as a married couple. Margo says she wants Ron to pay spousal support. It’s likely she raised the common law issue so the marriage would pre-date 2013 by 5 years, thus entitling her to more spousal support.  In California there is such an allegation of a Putative spouse doctrine.  Where parties hold themselves out as married and believe they are married but for the official ceremony and certificate.  Usually this comes up with voidable marriages where parties assert they are married really despite a void marriage.