Deciding to separate is rarely easy. Along with the emotional strain, most people quickly face practical questions: How long will my divorce take? Who stays in the house? What happens to my pension? Do I really have to go to court?
At OP Lawyers LLP, our Calgary Divorce Lawyers and Calgary Family Lawyers hear these questions every day. Below, we answer ten of the most common questions about divorce and family law in Alberta, with reference to the legislation that applies, so you can approach your next steps with confidence.
1. Do I Have to Wait a Full Year Before Filing for Divorce?
Not necessarily. Under section 8 of the federal Divorce Act, the most common ground for divorce is that the spouses have lived separate and apart for at least one year. You can start your divorce by filing a Statement of Claim for Divorce with the Court of King’s Bench of Alberta at any time after you separate, but the court will not grant the Divorce Judgment until the one-year period has passed.
A few rules people often don’t know:
- You can be separated under the same roof. Section 8(3)(a) recognizes that spouses can live separate and apart while still sharing a home, for example where they keep separate bedrooms, finances and social lives.
- Trying to reconcile won’t reset the clock. Under section 8(3)(b)(ii), living together again for up to 90 days in an attempt to reconcile does not interrupt the one-year period.
- Adultery and cruelty are rarely used. Section 8(2)(b) allows a divorce without waiting a year, but these grounds must be proven and usually add cost and conflict.
- Residency matters. Under section 3(1), at least one spouse must have been ordinarily resident in Alberta for at least one year immediately before the divorce started.
Once granted, a divorce takes effect on the 31st day after the judgment (section 12), after which either spouse is free to remarry.
2. Can I Get Divorced If My Spouse Won’t Cooperate, and Will We End Up in Court?
You do not need your spouse’s consent to get divorced. If your spouse is properly served and does not respond within the required time, you may be able to proceed with an uncontested “desk” divorce where a judge reviews your sworn evidence without a hearing. If your spouse cannot be located, a Calgary Divorce Lawyer can apply for substitutional service.
There are two important limits:
- Children must be provided for. Under section 11(1)(b) of the Divorce Act, the court must be satisfied that reasonable arrangements have been made for the support of any children before it grants a divorce.
- A divorce ends the marriage, not the dispute. Property division, spousal support and parenting may still need to be resolved by agreement or court order.
As for court, the process has changed. Since January 2, 2026, the Court of King’s Bench’s Family Focused Protocol requires most parties to complete four steps before the court will help them, unless a waiver is granted:
- take the Parenting After Separation course
- exchange financial information
- try a form of alternative dispute resolution, such as mediation
- meet with a Family Court Counsellor if you do not have a lawyer
This reflects section 7.3 of the Divorce Act, which requires parties to try to resolve their issues through a family dispute resolution process where it is appropriate to do so. Most Alberta divorces now settle without a trial. Speak with one of our Calgary Divorce Lawyers if you are wanting further clarity about your divorce.
3. What Is the Difference Between the Divorce Act and Alberta’s Family Law Act?
Which law applies depends on your relationship and what you are asking the court for:
- Divorce Act (federal): applies to married spouses seeking a divorce and deals with divorce, parenting orders, child support, spousal support and relocation within that proceeding.
- Family Law Act (Alberta): applies to unmarried parents, adult interdependent partners and married spouses who are not seeking a divorce. It covers guardianship, parenting orders, contact orders, child support and spousal or partner support.
- Family Property Act (Alberta): governs the division of property for both married spouses and adult interdependent partners.
- Adult Interdependent Relationships Act (Alberta): sets out who qualifies as an adult interdependent (common law) partner.
Under both the Divorce Act (section 16(1)) and the Family Law Act, the best interests of the child are the only consideration when the court makes parenting decisions. Our Calgary Family Lawyers can help you identify which legislation applies before you file anything.
4. Who Gets to Stay in the Family Home?
The family home is usually the largest asset in a separation. Under section 7 of the Family Property Act, property acquired during the relationship is generally divided equally, subject to exemptions for things like the value of property brought into the relationship, gifts and inheritances.
While property issues are being resolved, Part 2 of the Family Property Act allows the court to grant one spouse or partner exclusive possession of the family home. The court considers factors including:
- the needs of any children
- the availability of other accommodation
- the financial position of each party
- any existing orders about property or support
Practical tips before you make a move:
- Get advice before leaving the home. Moving out does not give up your ownership interest, but it can shape the parenting arrangement that develops.
- Do not sell, transfer or refinance the home without agreement. The court can restrain the disposition of family property.
- Watch the deadline. A married spouse generally has two years from the Divorce Judgment to bring a property claim under section 6 of the Family Property Act. Adult interdependent partners generally have two years from when they knew, or should have known, that they became former partners. Missing these deadlines can mean losing your claim. Understanding time limitations for family property claims are essential. Speak with a Calgary Family Lawyer today.
5. What Happens to Pensions and RRSPs When We Separate?
Pensions are often the second-largest family asset and one of the most overlooked. The portion of a pension earned during the relationship is generally family property under the Family Property Act.
- Alberta-regulated pension plans: the Employment Pension Plans Act allows a pension to be divided on the breakdown of a marriage or adult interdependent relationship. The non-member partner can generally receive up to 50% of the value earned during the relationship.
- Federal pensions: federal public service, RCMP and Canadian Forces pensions are divided under the federal Pension Benefits Division Act.
- RRSPs: the Income Tax Act allows RRSP funds to be transferred between spouses or partners on separation without immediate tax, if the transfer is made under a court order or written separation agreement.
- Canada Pension Plan: under the Canada Pension Plan, CPP credits earned while you lived together can be split equally between you.
Because pension values can be complex, a valuation from an actuary is often needed. A Calgary Divorce Lawyer can make sure the correct forms are completed so the division actually takes effect.
6. Are Prenuptial and Cohabitation Agreements Enforceable in Alberta?
Generally, yes, if they are prepared properly. Part 3 of the Family Property Act allows spouses, adult interdependent partners and people planning to marry or live together to make a written agreement about how their property will be divided. Under section 38, each party must acknowledge in writing, apart from the other party and before a lawyer who is not acting for the other party, that they understand the agreement and are signing it freely and voluntarily.
An agreement may still be challenged where:
- one party did not give full financial disclosure
- one party was pressured or rushed into signing
- the terms were unfair at the time or circumstances have changed dramatically
- child support terms fall below what the Federal Child Support Guidelines require
An agreement also cannot permanently decide parenting arrangements; the court always keeps the power to act in a child’s best interests. At OP Lawyers LLP, Our Calgary Family Lawyers draft and review prenuptial agreements and cohabitation agreements and provide the independent legal advice the legislation requires.
7. What Financial Information Do I Have to Disclose?
Full and honest financial disclosure is a legal obligation, not a courtesy. Section 21 of the Federal Child Support Guidelines (and the matching provision in the Alberta Child Support Guidelines) requires a party whose income is relevant to provide:
- personal income tax returns and notices of assessment for the three most recent years
- a recent pay statement or proof of income
- financial statements if self-employed, in a partnership or a corporate shareholder
- other documents needed to determine income
Part 12 of the Alberta Rules of Court also sets out disclosure obligations in family proceedings, and under the Family Focused Protocol, exchanging financial information is now a step parties must complete before going to court.
Hiding income or assets rarely works. Under section 19 of the Guidelines, the court can impute (assign) income to a party who fails to disclose, and may also order costs.
8. Can a Support or Parenting Order Be Changed Later?
Yes. Under section 17 of the Divorce Act, a court can vary a support or parenting order where there has been a material change in circumstances. The Family Law Act has similar variation provisions for orders made under that Act. Common reasons include:
- job loss or a significant change in income
- a child changing which home they primarily live in
- a child turning 18 or finishing post-secondary studies
- a proposed relocation, which under section 16.9 of the Divorce Act requires at least 60 days’ written notice to the other party
Under section 25 of the Federal Child Support Guidelines, either party can also request updated income information once a year.
One caution: do not simply stop paying or change arrangements informally. An order stays enforceable until it is varied. The Supreme Court of Canada has set out how courts handle retroactive changes to child support in D.B.S. v. S.R.G., 2006 SCC 37 and Colucci v. Colucci, 2021 SCC 24, and delay in acting can affect the outcome. Speak with one of our Calgary Divorce Lawyers today to understand your disclosure requirements.
9. What Can I Do If My Ex Doesn’t Pay Support?
Alberta’s Maintenance Enforcement Act created the Maintenance Enforcement Program (MEP), which collects court-ordered support and support under filed agreements. Once a file is registered, MEP can:
- garnish wages, bank accounts and federal payments such as tax refunds
- register liens against property
- suspend a driver’s licence and vehicle registration
- cancel hunting and fishing licences
- ask the federal government to deny a passport or certain federal licences
Keep in mind that support and parenting time are legally separate. A parent cannot withhold parenting time because support is unpaid, and a parent cannot stop paying support because parenting time is being denied. Both issues should be addressed through the proper legal channels. A qualified Calgary Family Lawyer can provide guidance with respect to support payments.
10. What Protection Is Available If There Is Family Violence?
Alberta’s Protection Against Family Violence Act provides two main types of protection orders:
- Emergency Protection Order (EPO): an EPO can be granted quickly, often the same day and without notice to the other party. It is reviewed by the Court of King’s Bench within nine working days.
- King’s Bench Protection Order: a longer-term order made by the Court of King’s Bench.
These orders can include no-contact provisions, exclusive occupation of the home, temporary care of children and police assistance in removing a person from the residence.
Family violence is also central to parenting decisions. The Divorce Act defines family violence broadly in section 2(1), including coercive and controlling behaviour, psychological abuse and financial abuse, and section 16(4) lists the factors the court must consider when violence is alleged. Urgent matters can be heard without first completing the Family Focused Protocol steps.
If you are in immediate danger, call 911. Alberta’s Family Violence Info Line is available 24 hours a day at 310-1818.
Speak With a Calgary Divorce Lawyer at OP Lawyers LLP
Every separation is different, and the decisions you make early on can affect your finances, your children and your future for years. Getting the right legal advice at the start can save time, money and stress.
The Calgary Family Lawyers and Calgary Divorce Lawyers at OP Lawyers LLP help clients throughout Calgary and Alberta with:
- contested and uncontested divorce
- parenting and guardianship disputes
- child support and spousal support
- division of the family home, pensions and other property
- prenuptial, cohabitation and separation agreements
- protection orders and high-conflict family law matters
Contact OP Lawyers LLP today to book a consultation with a Calgary Family Lawyer.
Disclaimer: This post is intended for informational purposes only and does not constitute legal advice. Laws and court procedures change, and the information above may not apply to your circumstances. For advice specific to your situation, please consult a qualified family lawyer at OP Lawyers LLP or another legal professional.