Who Qualifies as a Spouse Under Section 29 of the Family Law Act?

In Ontario family law, the definition of “spouse” is important because it can affect whether a person may claim spousal support.

Section 29 of the Family Law Act includes people who have cohabited in a relationship of some permanence if they are the parents of a child.

Does the Child Have to Be Alive at Separation?

The court confirmed that section 29 does not require the child to be alive on the date of separation. The wording of the section does not say that the parties must be parents of a child “on the date of separation.”

If two people cohabited in a relationship of some permanence and had a child together during that relationship, they may still meet the definition of spouse for support purposes.

Why Does This Matter?

This interpretation is consistent with the wording and purpose of the Family Law Act. The support provisions are not limited only to parents who continue raising a child after separation.

Key Takeaway

A person may qualify as a spouse under section 29 of the Family Law Act if they cohabited in a relationship of some permanence and had a child together, even if the child was not alive at the date of separation.

Contact TMB Law today to schedule a confidential consultation and learn how we can help with spousal support and family law matters.