Absolutely two people can be “spouses” under the Family Law Act even though one of them is already legally married. In fact, there are a few cases out there where the court has found that a person has two spouses at the same time for the purposes of the Family Law Act (FLA) or under the Wills Estates and Succession Act (WESA). For example, in Mother1 v. Solus Trust Company, 2019 BCSC 200, Justice Myers of the BC Supreme Court found that a deceased person had more than one spouse at the time of his death for the purpose of deciding a fair division of his estate.

Keep in mind that whether two people are “spouses” under the FLA or WESA depends on a number of factors relating to their relationship. Whether they are spouses doesn’t turn on any one single factor. They may or may not live in the same place full time, they may or may not sleep in the same bed, they may or may not share children, pets or finances. All relationships are different, which creates uncertainty in both the law and for those attempting to plan their lives (financially and otherwise) when in a relationship.

Given the inherent uncertainty, it is advisable to have a prenuptial, cohabitation or relationship agreement in place. While these agreements can never be 100% effective, having one goes a long way to creating certainty for the potential “spouses” in relation to what will happen if the relationship ends. Putting your expectations in writing while you are in a good place, and having legal advice on those expectations, will help a Court determine what is fair if the relationship breaks down. The agreement will give the Court a first-hand account of the parties’ expectations and what the parties’ lives looked like when the relationship was good and the parties’ expectations were in-line.