More Albertans than ever are choosing to build a life together without getting married. Many are surprised to learn that living together can create legal rights and obligations that closely mirror those of married spouses, while others assume they are protected when, in law, they are not.
Alberta law does not use the term “common-law.” Instead, unmarried partners who meet the legal test are called Adult Interdependent Partners (AIPs). Whether you qualify, and what that status means for property division, partner support, your children, and your estate, matters whether you are moving in together, planning for the future, or going through a separation. At OP Lawyers LLP, our Calgary family lawyers regularly advise clients on the rights and obligations that come with an adult interdependent relationship.
Am I Considered Common-Law in Alberta?
Alberta’s Adult Interdependent Relationships Act determines when two people become Adult Interdependent Partners. Generally, you are an AIP if you live in a “relationship of interdependence” with another person and:
- You have lived together continuously for at least three years;
- You have lived together in a relationship of some permanence and have a child together, by birth or adoption; or
- You have signed a written Adult Interdependent Partner Agreement in the form required by regulation.
A relationship of interdependence means two people share one another’s lives, are emotionally committed to one another, and function as an economic and domestic unit. Where status is disputed, the court looks at all of the circumstances, including living arrangements, how household duties and finances are shared, how property is owned and used, the care of any children, and how the couple presents themselves to family, friends, and the community.
Does the “One-Year Rule” Apply in Alberta?
This is one of the most common points of confusion. For federal purposes, such as income tax and certain government benefits, you are generally treated as common-law after living together for 12 continuous months. Alberta family law applies a different test: for property division, partner support, and inheritance, you must meet one of the three routes above, most often the three-year rule.
As a result, a couple may file as “common-law” on their tax returns but not yet be Adult Interdependent Partners under Alberta law. That gap can make a significant difference to each partner’s rights if the relationship ends. Speak with our Calgary family lawyers today to get guidance with respect to AIP’s.
How Is Property Divided When Adult Interdependent Partners Separate In Alberta?
Since January 1, 2020, the Family Property Act (formerly the Matrimonial Property Act) has applied to Adult Interdependent Partners in much the same way it applies to married spouses. Before that change, unmarried partners usually had to rely on complex claims, such as unjust enrichment, to obtain a share of property held in the other partner’s name.
Under the Family Property Act, property generally falls into three categories:
- Equally divided property: property acquired by either partner during the relationship is presumed to be shared equally, regardless of whose name is on the title, unless an equal division would be unjust and inequitable;
- Exempt property: the value of property owned before the relationship began, along with inheritances, gifts from third parties, and certain damage awards and insurance proceeds, may be exempt from division; and
- Increases in value: growth in the value of exempt property during the relationship may be shared on a just and equitable basis.
For AIPs, the exemption for property brought into the relationship is generally measured from the date the partners began living together, not the date they reached three years of cohabitation. Property is usually valued as of the date of trial unless the partners agree otherwise, and family debts are also taken into account.
Timing is critical. An AIP generally has two years from the date they knew, or ought to have known, that the relationship ended to start a claim under the Family Property Act. Missing this deadline can mean losing the right to a share of family property altogether, so it is important to speak with a Calgary family lawyer as soon as possible after separating.
| Legal Issue | Married Spouses | Adult Interdependent Partners |
| Property division under the Family Property Act | Yes | Yes |
| Partner or spousal support | Yes, under the Divorce Act or Family Law Act | Yes, under the Family Law Act |
| Child support and parenting | Yes | Yes |
| Inheritance if a partner dies without a will | Yes | Yes |
| Dower rights in the family home | Yes | No |
Can I Receive Partner Support as an AIP in Alberta?
Yes. Under Alberta’s Family Law Act, Adult Interdependent Partners owe each other a duty of support, and a court may order one partner to pay partner support to the other after separation. In deciding whether support is owed, and how much, the court considers factors such as:
- How long the partners lived together;
- The roles each partner played during the relationship;
- Each partner’s income, assets, needs, and ability to become self-sufficient;
- Any economic advantage or disadvantage arising from the relationship or its breakdown, such as stepping away from a career to care for children; and
- Any agreement or arrangement between the partners about support.
Support may be compensatory, needs-based, or based on an agreement between the partners. The Spousal Support Advisory Guidelines are commonly used to help set the amount and duration of support, although they are not binding. Because delay can weaken or bar a support claim, partners should get legal advice promptly after separating.
What About Our Children?
A child’s rights do not depend on whether their parents were married, lived common-law, or never lived together at all. Both parents must support their children. Where the parents are not married, child support is determined under the Family Law Act and calculated using the Alberta Child Support Guidelines, which closely mirror the federal guidelines that apply on divorce. Parenting arrangements, including parenting time and decision-making, are always based on the best interests of the child.
How Does an Adult Interdependent Relationship End?
Unlike a marriage, ending an adult interdependent relationship does not require a divorce. Under the Adult Interdependent Relationships Act, the relationship legally ends when, for example:
- The partners sign a written agreement confirming they intend to live separate and apart with no reasonable possibility of reconciliation;
- The partners have lived separate and apart for more than one year and at least one of them intends that the relationship not resume;
- The partners marry each other, or one partner marries or enters an adult interdependent relationship with someone else; or
- A court declares that the relationship has ended.
The end date matters because it starts the two-year limitation period for property claims under the Family Property Act. Disputes over when a relationship ended are common, so it is wise to keep a record of the date of separation.
Protecting Yourself with a Cohabitation Agreement
A cohabitation agreement lets partners decide in advance how property, debts, and support will be handled if the relationship ends, rather than leaving those questions to the default rules in the Family Property Act and Family Law Act. To be enforceable under the Family Property Act, each partner must acknowledge in writing, before a lawyer and apart from the other partner, that they understand the nature and effect of the agreement and are signing it freely. Each partner should have their own lawyer. Working with an experienced Calgary family lawyer at OP Lawyers LLP helps ensure the agreement is properly drafted and will hold up if it is ever challenged.
How OP Lawyers LLP’s Calgary Family Lawyers Can Help
Whether you are moving in with a partner, updating your estate plan, or going through a separation, the Calgary family lawyers at OP Lawyers LLP can help you understand and protect your rights. We assist clients with:
- Determining whether an adult interdependent relationship exists and when it ended;
- Drafting and reviewing cohabitation agreements and Adult Interdependent Partner Agreements;
- Advancing or defending property division claims under the Family Property Act;
- Pursuing or responding to claims for adult interdependent partner support;
- Resolving child support and parenting matters; and
- Representing clients through negotiation, mediation, or court proceedings.
Contact OP Lawyers LLP today to book a consultation with one of our Calgary family lawyers about property division, partner support, or any other family law concern.
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. For advice specific to your circumstances, please consult a qualified family lawyer at OP Lawyers LLP or another legal professional.