Understanding the notion of spouse and the types of unions in Québec
In Québec, the notion of spouse can vary depending on the applicable laws, government programs and pension plans. However, the
Civil Codeof Québec prohibits having two spouses at the same time, whether by marriage or civil union. Therefore, it is necessary to define which spouse has officially been recognized.
Marriage and civil union
In the
Civil Code of Québec,
spouse refers to persons who are married. The notion of spouse also includes persons who are in a civil union and who consent to community of life. Persons of the same sex can enter into marriage or a civil union.
Marriage is dissolved by divorce or following the death of one of the spouses. A civil union is dissolved by a notarized joint declaration, by a court judgment or following the death of one of the spouses.
It must be noted that the recognition of a civil union is uncertain in cases where spouses live outside Québec, because that type of union is not recognized in most foreign jurisdictions (whereas marriage is recognized).
De facto union
A de facto union is when two persons have been living together for a certain time and are united by particular emotional and economic ties.
However, the official definition of
de facto spouse varies depending on programs, organizations or pension plans.
Special conditions related to the recognition of a de facto union may concern:
- the spouses' civil status
- the existence of a conjugal relationship
- the length of the conjugal relationship
- parenthood.
Therefore, it is necessary to see the definition of
de facto spouse of each program and/or organization with which you must deal, for example, if you would like to file an application for benefits, for partition of benefits accrued under a plan following a separation or for financial assistance.
Eligibility for benefits
The type of union and the definition of
spouse determine whether a spouse is eligible for a benefit under the Québec Pension Plan, a public-sector pension plan, a supplemental pension plan and a voluntary retirement savings plan (VRSP).
Partition of family patrimony
The recognition of a spouse, the type of union as well as its duration determine the
rules for partition of benefits accrued under a pension plan and employment earnings recorded under the Québec Pension Plan during the union.
See the definition of
spouse depending on the program or pension plan:
Your
spouse is the person with whom you are in a relationship, and to whom you are married or with whom you are in a civil union or a de facto (common law) union.
Your
de facto (common law) spouse is the person to whom you are not married or in a civil union with but with whom you have been living in a conjugal relationship for:
- at least 3 years
or
- at least 1 year if a child has been or is to be born of your union or if you have adopted a child together.
If you are legally separated (separation from bed and board), the eligibility requirements differ based on the effective date of the judgment of separation from bed and board.
A de facto (common law) spouse is eligible for a surviving spouse's pension only if the deceased (who was his or her spouse) was not married to or in a civil union with another person.
Your
spouse is the person to whom you are married or with whom you are in a civil union. If you are neither married nor in a civil union, the status of spouse is granted to the person who is considered your de facto spouse.
Your
de facto (common law) spouse is the person whom you publicly present as your spouse and with whom you have been living in a conjugal relationship for a period of time that varies from plan to plan. For most public-sector pension plans, you must have been living in a conjugal relationship for:
- at least 3 years
or
- at least 1 year if a child has been or is to be born of your union or if you have adopted a child together.
For your de facto spouse to be recognized as your spouse, neither you nor your spouse can be married to 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 (PPFEQ,
RPCHCN,
PPCJBJ,
PPCJQ, etc.).
Your
spouse is the person to whom you are married or with whom you are in a civil union or a de facto (common law) union.
Your
de facto (common law) spouse is the person with whom you have been living in a conjugal relationship relationship 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 your de facto spouse when he or she is the biological or adoptive parent of at least one of your children.
Your
spouse is the person with whom you are in a relationship, and to whom you are married or with whom you are in a civil union or a de facto (common law) union.
Your
de facto (common law) spouse is the person to whom you are not married or in a civil union with but with whom you have been living in a conjugal relationship for:
- at least 3 years
or
- at least 1 year if a child has been or is to be born of your union or if you have adopted a child together.
If you are a member of a supplemental pension plan or a voluntary retirement savings plan (VRSP), or you have a locked-in retirement account (LIRA) or a life income fund (LIF), a de facto relationship cannot be recognized if you are married to, or in a civil union with, another person. However, this restriction does not apply to your de facto spouse, who can be married to or in a civil union with another person.
Legal separation (separation from bed and board)
You are still considered to be married even if you are legally separated. In that case, regardless of whether one of you has a de facto spouse, he or she will not be recognized.
Furthermore, the spouse from whom you are legally separated will not be recognized as your spouse by your supplemental pension plan or a voluntary retirement savings plan (VRSP), or by the administrator of your locked-in retirement account (LIRA) or your life income fund (LIF).
Two years after their wedding, Manon and Louis separated with no judgment rendered. They share custody of their children. Manon has been in a de facto union with Carl for ten years. Who is who's spouse?
Who is who's spouse?
Québec Pension Plan
- Louis and Manon still considered spouses in terms of the
sharing of their retirement pension.
- In the case of Manon's death, Louis would be the recognized spouse for the
surviving spouse's pension.
- In the case of Louis or Carl's death, Manon would be the recognized spouse for the surviving spouse's pension.
Public-sector pension plans (RREGOP,
PPMP, etc.)
If Manon is a member of a public-sector pension plan:
- Louis and Manon are considered spouses for the purpose of partitioning the family patrimony. If partition of the family patrimony is not carried out, Louis can be recognized as Manon's spouse for the surviving spouse's pension because they are still married.
- If Manon and Louis' family patrimony is partitioned and Manon dies, Carl will not be recognized as her spouse for the purpose of the surviving spouse's pension (she is still married to Louis at the time of her death).
- For Carl to be recognized as Manon's spouse, she must be divorced from Louis and Carl cannot be married to another person.
Family Allowance
Carl is recognized as Manon's spouse for the purpose of calculating her Family Allowance payments.
Supplemental pension plans,
VRSPs, LIRAs and
LIFs
If Manon is a member of a supplemental pension plan or
VRSP, or has an
LIRA or
LIF:
- Louis is recognized as Manon's spouse because they are still married and are not legally separated.
- Carl cannot be recognized as Manon's spouse because she is still married to Louis.
A few years after getting married in 2002, Manon and Louis legally separated (separation from bed and board) and they never resumed living together. Manon than met Simon, who has never been married, with whom she has been living for three years. Manon does not have any children (with Louis or Simon).
Who is who's spouse?
Québec Pension Plan
- Louis and Manon are eligible for the
partition of their employment, but
sharing of their retirement pension is not possible anymore since they are legally separated.
- Should Manon die, Simon would be the recognized spouse for the
surviving spouse's pension.
- Should Simon die, Manon would be the recognized spouse for the surviving spouse's pension.
- Should Louis die, Manon could not be the recognized spouse for the surviving spouse's pension because she did not resume living with Louis after their legal separation (in the case of a separation from bed and board effective after 31 December 1993).
Public-sector pension plans (RREGOP,
PPMP, etc.)
If Manon is a member of a public-sector pension plan:
- Manon and Louis are considered spouses for the purpose of partitioning the family patrimony. If partition of the family patrimony is not carried out, Louis can be recognized as Manon's spouse for the surviving spouse's pension because they are still married.
- If Manon and Louis' family patrimony is partitioned and Manon dies, Simon will not be recognized as her spouse for the purpose of the surviving spouse's pension (she is still married to Louis at the time of her death). For Simon to be recognized as Manon's spouse, she must be divorced from Louis. In addition, Simon cannot be married to another person.
Supplemental pension plans,
VRSPs, LIRAs and
LIFs
If Manon is a member of a supplemental pension plan or
VRSP, or has an
LIRA or
LIF:
- Louis is not recognized as Manon's spouse because they are legally separated (separation from bed and board).
- Simon cannot be recognized as Manon's spouse because she is still married to Louis.