"It's Complicated."

• Published date: 30 April 2025
• Subject Matter: Insurance, Insurance Laws and Products
• Law Firm: SBA Lawyers LLP
• Author: Michelle Panagiotakos

Welcome to the final part of our series exploring the definition of "spouse" under section 224(1) of the Insurance Act. If you're not feeling totally savvy on spousal status just yet, don't fret - you will be by the end of this read!

In Part One, we learned that whether a claimant qualifies as a "spouse" can significantly impact AB coverage obligations, such that priority of their AB claim can be entirely shifted to a different insurer. We looked at the three-part definition of "spouse" in section 224(1) but focused on individuals who are legally married - the first of the three statutory definitions. We also reviewed priority disputes which hinged on what it means to be "legally married" and saw that it's not as straightforward as one may think.

In Part Two, we delved into the second part of the definition, focusing on priority disputes that hinged on whether two individuals had entered into a voidable or void marriage in good faith. We saw that, under this strand of the definition, the claimant's belief that they were entering a valid marriage was the driving factor in the analysis.

Now, in this third and final instalment of the spousal status series, we explore what is perhaps the most fact-driven and complex part of the three-part definition: those relationships involving individuals who have "lived together in a conjugal relationship" outside of marriage. As the title suggests, determining spousal status under this part of the definition is nothing short of, well - complicated.

Recap: What is a "Spouse"

But first, remember that the term "spouse" is defined in Part VI of the Insurance Act as either of two individuals who:

1. are married to each other;
2. have entered into a marriage to each other that is voidable or void, in good faith on the part of the person asserting a right under the Act; or
3. have lived together in a conjugal relationship (outside of marriage) continuously for at least 3 years, or in a relationship of some permanence and are the biological or adoptive parents of a child.

The previous parts of this series have already explored definitions #1 and #2. Now, onward to definition #3!

Definition #3: Conjugal Relationships

Have you ever asked someone about their marital status and they reply with "it's complicated"? Perhaps you've heard it while observing an Examination Under Oath. It's not an uncommon answer, and usually stems from relationships such as those we are focusing on in this article: those where the couple has either lived together and/or had a child together - without having followed the traditional path of marriage.

The phrase "conjugal relationship" is not defined in the Act...