A married partner in a legally recognized marriage or, in many jurisdictions, a de facto partner who meets certain criteria for relationship recognition. Spouses have special legal rights regarding inheritance, property ownership, family provision claims, and spousal maintenance, varying by jurisdiction and relationship status.
Your spouse is your husband, wife, or in many places, your de facto partner if you've lived together long enough. Spouses have special inheritance rights—they typically inherit automatically under intestacy laws and can claim against estates that don't adequately provide for them.
⏱ When you'll encounter this term
- Making a will and deciding how to provide for your spouse
- Intestacy situations where spouse inherits automatically
- Family provision claims by surviving spouses
- Property settlements and estate division
"When Dad died without a will, Mum automatically inherited the first $500,000 of his estate plus half the remainder because she's his spouse. The children split what was left. If Dad had wanted a different arrangement, he should have made a will."
⚖️ Compare: Spouse vs De Facto Partner
Legally married. Full spousal rights immediately. Recognized everywhere. Clear legal status.
Not formally married. May have similar rights after qualifying period (often 2+ years). Recognition varies by jurisdiction.
💡 Did you know?
In most Australian states, marriage automatically revokes your existing will. So if you make a will, then get married, your will is cancelled unless it was made "in contemplation of marriage" to that specific person.