The Divorce Act Changes Explained

Definitions

Spouse
(Section 2(1), Divorce Act)

New section

The definition of spouse in subsection 2(1) of the Act is replaced by the following:

spouse includes, in subsection 6(1) and sections 15.1 to 5 16.96, 21.1, 25.01 and 25.1, a former spouse; (époux)
Old section

spouse means either of two persons who are married to each other; (époux)

What is the change

The definition of “spouse” no longer uses the phrase “means either of two persons who are married to each other” and now includes “former spouse” for specific sections of the Act (6(1), 15.1 to 16.96, 21.1, 25.01 and 25.1).

Reason for the change

The extended meaning of “spouse” aligns the Act with other federal legislation, as the case law is clear that spouse means a person who is married. The amendment specifies for which sections the meaning includes “former spouse.”

When

March 1, 2021.