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Difference between revisions of "Unmarried Spouses"
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For most provincial laws, the question is whether or not a particular couple are "spouses." Qualifying as a spouse might mean that you are entitled to the family rate for MSP, that you can share in your spouse's estate in the event your spouse dies, or that you are no longer entitled to social assistance. | For most provincial laws, the question is whether or not a particular couple are "spouses." Qualifying as a spouse might mean that you are entitled to the family rate for MSP, that you can share in your spouse's estate in the event your spouse dies, or that you are no longer entitled to social assistance. | ||
In general, for most but not all provincial laws, you must have lived with your partner for at least two years to qualify as a spouse. (The laws about sharing in a spouse's property after his or her death also require you to have been living together at the time of your spouse's death.) Here's the definition from the ''[http://canlii.ca/t/ | In general, for most but not all provincial laws, you must have lived with your partner for at least two years to qualify as a spouse. (The laws about sharing in a spouse's property after his or her death also require you to have been living together at the time of your spouse's death.) Here's the definition of "spouse" from the ''[http://canlii.ca/t/52cdc Wills, Estates and Succession Act]'': | ||
<blockquote><tt> | <blockquote><tt>[...] 2 persons are spouses of each other for the purposes of this Act if they were both alive immediately before a relevant time and</tt></blockquote> | ||
<blockquote><blockquote><tt>(a) | <blockquote><blockquote><tt>(a) they were married to each other, or</tt></blockquote></blockquote> | ||
<blockquote><blockquote><tt>(b) | <blockquote><blockquote><tt>(b) they had lived with each other in a marriage-like relationship for at least 2 years.</tt></blockquote></blockquote> | ||
Here's the definition from s. 3 of the ''Family Law Act'': | Here's the definition from s. 3 of the ''Family Law Act'': | ||
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<blockquote><tt>"spouse" means a person who</tt></blockquote> | <blockquote><tt>"spouse" means a person who</tt></blockquote> | ||
<blockquote><blockquote><tt>(a) is married to another person, and is not living separate and apart, within the meaning of the ''Divorce Act'', from the other person, or</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(a) is married to another person, and is not living separate and apart, within the meaning of the ''Divorce Act'' (Canada), from the other person, or</tt></blockquote></blockquote> | ||
<blockquote><blockquote><tt>(b) is living | <blockquote><blockquote><tt>(b) is living with another person in a marriage-like relationship;</tt></blockquote></blockquote> | ||
As you can see, there are | As you can see, there are subtle differences between these definitions, and it can be very important to find out just how a particular law defines spouse. | ||
===Federal legislation=== | ===Federal legislation=== | ||