Definition : Spouse

Person who, bound by a marriage or a civil union, lives in a community of life with another.

Common-law spouses are also assimilated to spouses, unless the context indicates otherwise. They are defined as two persons, of different or the same sex, who live together and present themselves publicly as a couple, regardless, unless otherwise provided, of the duration of their cohabitation.

Section 61.1 of the Interpretation Act specifies that, in the event of a dispute regarding the existence of a common-law union, cohabitation is presumed as soon as:

• the persons have been living together for at least one year, or
• they become the parents of the same child.

WARNING! Several social statutes, as well as the Act respecting labour standards and the Income Tax Act, contain a broad definition of the term "spouses". They include, in addition to marriage or civil union, other factual situations that do not require to be contracted publicly before a competent officiant.