Spouse — in plain language
a person you are legally married to — your husband, wife, or married partner
From a fixed, curated glossary of 7,257 legal terms. Not legal advice. How it's made: plainlanguage.us/trust
Plain language
a person you are legally married to — your husband, wife, or married partner
- husband or wife
- married partner
- the person you are married to
What to watch for
- A 'spouse' requires a legal marriage: a boyfriend, girlfriend, or live-in partner is generally not a spouse unless the law recognizes the relationship, so do not broaden it to any partner.
- Whether a domestic partner or civil-union partner counts as a 'spouse' depends on the jurisdiction and the document; a plain rewrite should not assume they are interchangeable.
- 'Surviving spouse' is a specific status with its own rights (such as inheritance) and is not the same as simply being someone's widow or widower in casual speech.
Marriage Is the Key Requirement. The whole meaning of "spouse" rests on a legally recognized marriage. People who live together, are engaged, or are long-term partners are generally not spouses unless the law treats their relationship as a marriage or a marriage-equivalent. A plain rewrite should not quietly expand "spouse" to include any romantic partner.
When Other Partners Are Included. Some documents and statutes extend "spouse" to civil-union or domestic partners, and some do not. Because the answer varies by jurisdiction and by how the document defines its terms, a translation should follow what the text actually says rather than assuming all partnerships count.
Common Misunderstandings by Non-Lawyers.
- "We've lived together for years, so I'm legally their spouse." (Usually not, unless a jurisdiction recognizes common-law marriage and its requirements are met.)
- "Spouse always means a man and a woman." (No — the term is gender-neutral and applies to any lawful marriage.)
- "Being someone's spouse and being their next of kin are the same thing." (Related but not identical — next of kin is a broader idea about closest living relatives.)
Legal definition
A person who is legally married to another person — that is, a husband, wife, or married partner. Many legal rights and duties attach to being a spouse, including inheritance rights, the ability to file taxes jointly, and eligibility for a partner's health insurance or benefits. The word is deliberately neutral as to gender and simply names the marriage relationship.
Examples
Legal: Upon the death of the Insured, the death benefit shall be paid to the surviving spouse, if any.
Plain: If the insured person dies, the money is paid to their husband or wife, if they are still alive.
Legal: The term 'spouse' as used herein shall include a partner in a civil union recognized under applicable law.
Plain: In this document, 'spouse' also covers a civil-union partner, if the law recognizes that union.
Legal: No transfer of the marital residence shall occur without the written consent of the Grantor's spouse.
Plain: The family home cannot be transferred unless the owner's husband or wife agrees in writing.
Where you'll see it
- estate and will provisions
- beneficiary designations
- tax filing status
- insurance and benefits eligibility
Related terms
- marriage
- civil union
- domestic partner
- next of kin
- surviving spouse
Word details
- Pronunciation
- spowss
- Part of speech
- noun
- Origin
- Latin — from 'sponsus/sponsa' (betrothed) via 'spondere' — to promise solemnly
- Domains
- family law, estate planning, tax law, employee benefits
- Frequency
- very common
- Formality
- moderate
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