Historically, spouses were those that had undergone a formal
marriage ceremony before a religious or secular authority. We now
live in a world where the concept of a "spouse" has
broadened to include a more diverse array of relationships, without
the requirement of a formal ceremony. Modern legislation has
evolved with this changing idea, and many laws in Canada now define
the concept of "spouse" to include both those in
traditional marriages, and those in "marriage-like
relationships".
The legal definition of a "spouse" can vary depending
on what the law is for, or more precisely, on what the law needs to
define "spouse" for. For example, the Wills, Estates and
Succession Act (WESA) is concerned with defining "spouse"
to determine who may be entitled to a portion of the estate of a
deceased person. The Family Law Act requires a definition of
"spouse" to determine if a separated couple is subject to
property division, and to calculate spousal support payments.
