Enoch Arden Doctrine

The Enoch Arden Doctrine refers to a statutory or common law rule in some states that permits a person to remarry after reasonably believing that their spouse is dead, typically following a prolonged and unexplained absence. If the missing spouse later returns, the remarried individual may be eligible for a divorce or legal exemption to preserve the validity of the subsequent marriage. The doctrine is named after Enoch Arden, an 1864 poem by Alfred, Lord Tennyson, in which a man presumed lost at sea returns home to find his wife remarried.

The length of time a spouse must be missing before the doctrine may apply varies by jurisdiction, but a seven-year period is commonly required. This rule serves to protect the remarried spouse from charges of bigamy or invalidation of the second marriage, provided they acted in good faith and met the statutory conditions.

See e.g., Estate of LeMont (1970)

[Last reviewed in July of 2025 by the Wex Definitions Team] 

Keywords

• family law

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