Spouse – Trust

The person to whom an individual is married or with whom the individual has contracted a civil union, or who is the individual's de facto spouse.

De facto spouse

The de facto spouse of an individual is a person who, at a given time,

  • was living in a conjugal relationship with the individual and was the biological or adoptive mother or father (legally or in fact) of a child of whom the individual was also the parent; or
  • had been living in a conjugal relationship with the individual for at least 12 consecutive months (the 12-month period is considered to have been uninterrupted if the persons were separated for a period of less than 90 days)

A de facto spouse is considered to be the deceased person's surviving spouse only if the two were living in a conjugal relationship immediately before the death.

End of note

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