71. For the purposes of this chapter, the spouse of a member is the person who, on the day before the death of the member,
(1) is married to or in a civil union with the member; or
(2) has been living in a conjugal relationship with the member, who is neither married nor in a civil union, whether the person is of the opposite or the same sex, for a period of not less than three years, or for a period of not less than one year if
(a) at least one child is born, or to be born, of their union;
(b) they have adopted, jointly, at least one child while living together in a conjugal relationship; or
(c) one of them has adopted at least one child who is the child of the other, while living together in a conjugal relationship.
For the purposes of subparagraph 2 of the first paragraph, the birth or adoption of a child prior to the period of conjugal relationship existing on the day before the death occurs may qualify a person as a spouse.
Despite subparagraph 1 of the first paragraph, a person who is legally separated from bed and board with respect to the member on the day preceding the member’s death is not entitled to any benefit under this chapter unless the person is the member’s successor.