18Spouse (and spouse in relation to deceased claimant)

1. Spouse means a person (person A) to whom the claimant is legally married.

2. However, person A is not the spouse of a claimant if—

3. person A and the claimant are living apart; and
4. the claimant is not contributing financially to person A's welfare.

5. Subsection (2) does not apply if the circumstances set out in the subsection occurred principally because of the health, imprisonment, or employment obligations of either person A or the claimant.

6. Spouse, in relation to a deceased claimant, means a person (person B) to whom the deceased claimant was legally married immediately before his or her death.

7. However, person B is not the spouse of a deceased claimant if, at the time of the deceased claimant's death,—

8. person B and the deceased claimant were living apart; and
9. the deceased claimant was not contributing financially to person B's welfare.

10. Subsection (5) does not apply if the circumstances set out in the subsection occurred principally because of the health, imprisonment, or employment obligations of either person B or the deceased claimant.