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Death Handbook
Ch 1 Legislation and Definitions
1.21 What is a 'Spouse' for the SRCA?
- 1.21.2 Inclusive list of those who qualify as 'spouse' for purposes of the SRCA
External
Up to and including 9 December 2008, the term 'spouse' in the SRCA included:
- A person legally married to the employee, and living with the employee.
- A person still legally married to the employee but not living with the employee immediately before the death. Note: This includes separated persons but NOT those who have been legally divorced.
- A person of the opposite sex who lived with the employee as the spouse of the employee on a bona fide domestic basis although not married to the employee
- A person designated as a spouse under traditional indigenous law.
On and from 10 December 2008 the term 'spouse' includes:
- A person legally married to the employee, and living with the employee;
- A person still legally married to the employee but not living with the employee immediately before the death. Note: This includes separated persons but NOT those who have been legally divorced;
- A person, whether of the same or a different sex, who is a 'de facto partner' of the employee, as defined in the Acts Interpretation Act 1901 (see 1.2 — 1.3);
- A p — erson designated as a spouse under traditional indigenous law.