Do Mistresses have any rights?
Every American has inalienable rights granted by the Constitution: Life, Liberty and Pursuit of Happiness. Obviously, the mistress has these rights.
But I think what people REALLY want to know is whether or not they have FINANCIAL rights from their boyfriend (the legal husband of some one else).
They wanna know: Can mistresses get money from the husband?
Common Law Marriage
California abolished common law marriage in 1895. One couple may live together for over 100 years, but they are not considered “married” in the eyes of the California law. Marriage is a civil contract defined by statute, Family Code 300.
Some states recognize common law marriage. If you are common-law married in these states, and thereafter move to California, California will accept it.
It doesn’t matter for purposes of our mistress discussion, because the husband is already married and a subsequent marriage is void.
Palimony and the Marvin Case
Read all about palimony here.
If you are a mistress and you get pregnant, you can get child support by law. How much child support depends on the guideline child support formula articulated in Family Code 4055.
Can Mistresses be Sued?
Some states allow an “alienation of affection claim”. This type of claim is brought by the former spouse against the mistress, alleging that their actions destroyed their marriage. Currently, only 6 states allow this: Hawaii, North Carolina, Mississippi, New Mexico, South Dakota, and Utah