Understanding the notion of spouse and the types of unions in Québec
In Québec, the notion of spouse can vary depending on applicable laws, government programs and pension plans. We must therefore define who is a recognized spouse.
Important!
A de facto spouse
will not necessarily be recognized if he or she is in a de facto union with a person who is married or in a civil union.
Types of unions in Québec
Marriage and civil union
In the
Civil Code of Québec, spouses refer to persons of the same or opposite sex who are married or civilly united. In Québec, it is illegal to be married to or to be in a civil union with more than one person at a time.
The marriage may be annulled or dissolved. It is dissolved by divorce or following the death of one of the married persons.
Civil unions exist and are valid in Québec, but unlike marriage, they may not be recognized elsewhere in Canada or in another country. A civil union is dissolved by a notarized joint declaration, by a court judgment, by a marriage or following the death of one of the civilly united spouses.
Separation from bed and board is the only legal separation resulting from a court judgment that releases married persons from the obligation of living together, but does not break the bonds of marriage. A couple separated from bed and board is therefore still married.
De facto union
A de facto union is where two persons of the same or opposite sex have been living together for a certain time and are united by particular emotional and economic ties.
However, the definition of "de facto spouse" may vary depending on laws, programs, organizations or pension plans.
It is therefore essential to consult the definition of de facto spouse for each law or program with the concerned agency.
Special conditions related to the recognition of a de facto union may concern:
- the persons' civil status;
- the length of the conjugal relationship;
- parenthood.
Eligibility for benefits
The type of union and the definition of spouse determine the eligibility of a spouse for benefits from:
- Family Allowance;
- the Québec Pension Plan;
- public-sector pension plans;
- supplemental pension plans;
- voluntary retirement savings plans (VRSPs);
- locked-in retirement accounts (LIRAs);
- life income funds (LIFs).
Recognized spouse according to each program or pension plan
The
spouse of a person who receives Family Allowance is the person with whom he or she is married, in a civil or de facto union.
The
de facto spouse of a person who receives Family Allowance is the person with whom he or she has been living with for at least 12 months (any separation of less than 90 days does not end the 12-month period).
A person is
also recognized as a de facto spouse when he or she is living in a conjugal relationship with the biological or adoptive parent of at least one of the children that the couple had together and for which Family Allowance is paid.
The
spouse of a contributor or a beneficiary is the person with whom he or she is married or with whom she or he is in a civil union or a de facto union.
The
de facto spouse of a contributor or beneficiary is the person with whom he or she has been living in a conjugal relationship since:
- at least three years;
- at least one year if, as applicable:
- a child has been or is to be born of the union;
- the couple adopted a child;
- one of the persons adopted the other person's child.
- The status of spouse must be determined on the day the contributor died.
- If a couple is separated from bed and board (legal separation), the eligibility requirements for a pension or benefits may differ based on the effective date of the judgment of separation from bed and board.
- If a contributor or beneficiary is still married or in a civil union with another person, his or her de facto spouse will not be recognized.
- Neither a de facto spouse, nor a contributor or a beneficiary may be married or in a civil union with another person on the date the conjugal relationship ends.
The
spouse of a person who is or was the member of a public-sector pension plan is the person with whom he or she is married or with whom he or she is in a civil union or a de facto union.
The
de facto spouse of a person who is the member of a public-sector pension plan is the person whom he or she publicly presents as his or her spouse and with whom he or she has been living in a conjugal relationship for a period of time that varies from plan to plan. For most public-sector pension plans, a person must have been living in a conjugal relationship for:
- at least three years;
- at least one year if, as applicable:
- a child has been or is to be born of the union;
- the couple adopted a child;
- one of the persons adopted the other person's child.
For the status of de facto spouse of a member to be recognized,
neither person must be married or in a civil union with another person. This condition applies to several public-sector pension plans (RREGOP,
PPMP,
TPP,
CSSP, etc.). However, there are exceptions for certain other plans.
- The status of spouse must be determined on the day the member died.
- If there has been a legal separation (separation from bed a board), the eligibility requirements for benefits may differ.
A
spouse is the person who forms a couple, either married, in a civil union or in a de facto union, with another person who:
- is a member of a supplemental pension plan, or who is a beneficiary;
- is a member of a voluntary retirement savings plan (VRSP) or who is a beneficiary;
- has a locked-in retirement account (LIRA) or a life income fund (LIF).
The
de facto spouse of a member or beneficiary of a supplemental pension plan or a voluntary retirement savings plan, or a person who has an
LIRA or a
LIF, is the person with whom he or she been living in a conjugal relationship for:
- at least three years;
- at least one year if, as applicable:
- a child has been or is to be born of the union;
- the couple adopted a child;
- one of the persons adopted the other person's child.
If the member of a supplemental pension plan or a voluntary retirement savings plan, or a person who has an
LIRA or a
LIF, is still married or in a civil union with another person,
his or her de facto spouse will not be recognized.
- For a supplemental pension plan, the status of spouse must be determined:
- on the day preceding the death of a member; or
- on the day on which a member or beneficiary begins receiving his or her pension.
- However, if a member dies before receiving a pension, the status of spouse is determined on the day preceding the member's death.
- It is therefore best to verify with the concerned
plan administrator to find out.
- For an
LIRA,
LIF or a
VRSP, the status of spouse must be determined on the day preceding the death of a person who has an
LIRA or a
LIF, or who is the member of a VRSP.
- The status of spouse will not be recognized for a person legally separated (separation from bed a board).
Two examples to better understand
Two years after their wedding, Susan and Lewis separated
without a judgment being rendered. Custody of their children is shared. Susan has been in a de facto union with Carl for ten years.
Who is recognized as the spouse?
Family Allowance
Carl is recognized as Susan's spouse for the purpose of calculating the Family Allowance payments she receives.
Québec Pension Plan
Public-sector pension plans (RREGOP,
PPMP, etc.)
If Susan is the member of a public-sector pension plan:
- she and Lewis are not eligible for the partition of the benefits accrued under the plan as long as they are married or not separated from bed and board;
- Lewis will be recognized as her spouse with regard to the
surviving spouse's pension because she is still married to him;
- she must no longer be married to Lewis for Carl to be recognized as her spouse. Furthermore, Carl must not be married to another person.
Supplemental pension plan,
VRSP,
LIRA, LIF
If Susan is the member of a supplemental pension plan or a
VRSP, or if she has an
LIRA or a LIF:
- she and Lewis are not eligible for the partition of the benefits accrued under a supplemental pension plan or a
VRSP, nor to the
partition of the balance of the
LIRA or
LIF, as long as they are married or not separated from bed and board;
- Lewis will be recognized as her spouse with regard to
death benefits because she is still married to him;
- Carl will not be recognized as her spouse with regard to death benefits because she is still married to Lewis.
A few years after getting married to Lewis in 2002, Susan legally separated (separation from bed and board) from Lewis and they never resumed living together. Susan then met Simon, who was never married and with whom she has been living for three years.
Who is recognized as the spouse?
Québec Pension Plan
- Lewis and Susan are eligible for the
partition of their employment earnings but sharing one of their retirement pensions is no longer possible since they have been legally separated.
- If Susan died, Simon would be recognized as her spouse with regard to the
surviving spouse's pension.
- If Simon died, Susan would be the recognized spouse with regard to the surviving spouse's pension.
- If Lewis died, Susan would not be recognized as the spouse with regard to the surviving spouse's pension because they did not resume living together after they legally separated (judgment granting separation from bed and board, which took effect after 31 December 1993).
Public-sector pension plans (RREGOP,
PPMP, etc.)
If Susan is the member of a public-sector pension plan:
- she and Lewis are eligible for the
partition of benefits accrued under a plan because they are separated from bed and board;
- Lewis can be recognized as her spouse with regard to the surviving spouse's pension because she is still married to him;
- Simon cannot be recognized as her spouse with regard to the
surviving spouse's pension because she is still married to Lewis;
- she must no longer be married to Lewis for Simon to be recognized as her spouse with regard to the surviving spouse's pension. Furthermore, Simon must not be married to another person.
Supplemental pension plan,
VRSP,
LIRA,
LIF
If Susan is the member of a supplemental pension plan, or has an
LIRA or LIF:
References