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According to US law, can a person have a husband and a wife at the same time?

If so, how is their property distributed after death?

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    Do you mean TWO spouses at the same time or do you mean that the person's spouse has variable gender expression and could consider themselves a husband at one time and a wife at another?
    – jwh20
    Apr 17, 2023 at 12:16
  • @jwh20 I meant two spouses, at the same time both spouses having variable genders (i.e. one husband, other wife). Apr 17, 2023 at 12:16

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Currently there is nowhere in the USA where polygamy is legal. So regardless of their sexual or gender expression or orientation, being married to MORE THAN ONE person at the same time is illegal.

If, however, it turned out that someone had more than one spouse at their death, I'm sure that property distribution would be a matter for the probate court to sort out.

As far as legally-married "trans spouses", for lack of a better term, I don't see why that would that impact inheritance in any way?

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    There are exceptions to polygamy in that if the marriages happened in a jurisdiction where it is legal prior to the family moving to the U.S., all marriages that happened in this way will be honored. However, they will not permit you to further marry.
    – hszmv
    Apr 17, 2023 at 12:55
  • @hszmv Thanks for clarifying.
    – jwh20
    Apr 17, 2023 at 13:30
  • @hszmv "if the marriages happened in a jurisdiction where it is legal prior to the family moving to the U.S., all marriages that happened in this way will be honored" This is so far as I know, not the rule of law in any U.S. jurisdiction with regard to multiple marriages, although the U.K. is, I believe, more tolerant of this possibility (possibly because it has a larger immigrant Muslim population).
    – ohwilleke
    Apr 17, 2023 at 19:31
  • @hszmv The closest that U.S. jurisdiction have done that I have seen is to apply the putative spouse doctrine in instance when the spouse receiving the benefit had no reason to think that they were married to someone who was already married.
    – ohwilleke
    Apr 17, 2023 at 20:04

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