Spouse
A married person of at least 16 years of age who :

  • was not , at the time of marriage, the spouse of another person;

  • is not the de facto spouse of another person while living apart from his or her spouse for at least one year.

Common-law spouse
A person at least 16 years of age of the same or the opposite sex who has : 

  • been living maritally for at least one year with the sponsor or the principal sponsored person; or

  • had a marital relationship for at least one year with the sponsor or the principal sponsored person but who may not live with him or her because of persecution or penal control.