Are with the former spouse – the first (5)
I believe the answer is:
exist
'are' is the definition.
(I've seen this before)
'with the former spouse the first' is the wordplay.
'with' is a charade indicator (letters next to each other).
'the former spouse' becomes 'ex'.
'the first' becomes 'ist'.
'ex' next to 'ist' is 'EXIST'.
(Other definitions for exist that I've seen before include "Live" , "Get a life!" , "Be alive" , "Subsist" , "quick!" .)