# Spouse

> act-s5F — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

5F Spouse
          (1) For the purposes of this Act, a person is the spouse of another
              person (whether of the same sex or a different sex) if, under
              subsection (2), the 2 persons are in a married relationship.










          (2) For the purposes of subsection (1), persons are in a married
              relationship if:
                (a) they are married to each other under a marriage that is valid
                    for the purposes of this Act; and
                (b) they have a mutual commitment to a shared life as a married
                    couple to the exclusion of all others; and
                (c) the relationship between them is genuine and continuing; and
                (d) they:
                      (i) live together; or
                     (ii) do not live separately and apart on a permanent basis.
          (3) The regulations may make provision in relation to the
              determination of whether one or more of the conditions in
              paragraphs (2)(a), (b), (c) and (d) exist. The regulations may make
              different provision in relation to the determination for different
              purposes whether one or more of those conditions exist.
               Note:      Section 12 also affects the determination of whether the condition in
                          paragraph (2)(a) of this section exists.