Recognizing the de facto (common law) status of former spouses
In order to be recognized as former de facto spouses (whether same-sex or opposite-sex), the following conditions must be met:
- Before the conjugal breakdown, the former spouses have to have lived together in a conjugal relationship for at least 3 years, or 1 year if a child was born or is to be born of their union or they adopted a child together.
- The plan member must not be married or in a civil union.
Only the member must not be married. This requirement does not apply to the member's former de facto spouse.
A member who is separated from bed and board is considered to be married, and therefore his or her former de facto spouse cannot be deemed to have spousal standing.
Other useful link...