Understanding Adult Interdependent Relationships in Alberta: A Legal Perspective

In Alberta, the concept of an Adult Interdependent Relationship (AIR) is a legally recognized status that extends rights and responsibilities to couples who are not formally married but share a committed, marriage-like relationship. Commonly referred to as “common-law” relationships, AIRs are governed by the Adult Interdependent Relationships Act (AIRA). For legal professionals and individuals alike, understanding the criteria and implications of an AIR is essential to navigating family law matters effectively.

What Constitutes an Adult Interdependent Relationship?

Under the AIRA, an Adult Interdependent Relationship is defined as a relationship between two individuals who meet specific criteria. These individuals may be of the same or opposite sex and are not required to be romantically involved—close familial or platonic relationships can also qualify under certain circumstances. To be recognized as an AIR, the relationship must satisfy one of the following conditions:

1. Continuous Cohabitation for Three Years: The individuals have lived together in a relationship of interdependence for at least three years.
2. Cohabitation with a Child: The individuals have lived together in a relationship of interdependence and have a child together, either by birth or adoption.
3. Formal Agreement: The individuals have entered into an Adult Interdependent Partner Agreement, which legally establishes their relationship as an AIR, regardless of the duration of cohabitation.

A “relationship of interdependence” is characterized by shared lives, emotional commitment, and financial interdependence. Factors such as shared expenses, joint property ownership, and mutual support are often considered when determining whether such a relationship exists.

Rights and Responsibilities of Adult Interdependent Partners

Once an AIR is established, the partners acquire specific legal rights and responsibilities, many of which mirror those of married couples. These include:

• Property Division: In the event of a relationship breakdown, the Family Property Act (FPA) governs the division of property acquired during the AIR. Similar to married couples, property is presumed to be divided equally, though certain exemptions may apply.
• Spousal Support: Adult interdependent partners may be entitled to adult interdependent support if one partner has a demonstrated need and the other has the ability to pay.

Termination of an Adult Interdependent Relationship

An AIR can be terminated in several ways, including:

• Mutual agreement to end the relationship.
• One partner entering into a new AIR or marriage with another person.
• A court declaration that the relationship has ended.

Upon termination, the rights and obligations of the partners, particularly regarding property division and spousal support, must be addressed. Legal advice is often necessary to ensure these matters are resolved fairly and in accordance with the law.

How OP Lawyers LLP Calgary Can Assist

At OP Lawyers LLP, our family law team specializes in matters related to Adult Interdependent Relationships. We provide comprehensive legal guidance to clients navigating the complexities of AIRs, including:

• Advising on the establishment and recognition of AIRs under the AIRA.
• Drafting cohabitation agreements to protect you in the event of a breakdown in your relationship.
• Assisting with property division and support claims upon the breakdown of an AIR.
• Representing clients in disputes or litigation related to AIRs, including matters involving estates and inheritance.

Our approach is tailored to the unique needs of each client, ensuring that their legal rights are protected and their interests are advanced.

Key Considerations for Legal Professionals

For legal practitioners, understanding the nuances of AIRs is critical when advising clients on family law matters. Key considerations include:

• The importance of documenting the relationship, particularly in cases where cohabitation duration or interdependence may be disputed.
• The interplay between the AIRA and other legislation, such as the Family Property Act and Wills and Succession Act.
• The potential for disputes over property division, support, and inheritance, particularly in the absence of formal agreements.

Conclusion

Adult Interdependent Relationships in Alberta provide a legal framework for recognizing the rights and responsibilities of unmarried couples. Whether you are entering into an AIR, navigating its termination, or addressing related legal matters, understanding the criteria and implications of this status is essential. At OP Lawyers LLP, our experienced family lawyers from Calgary are here to provide the guidance and representation you need to navigate these complex issues with confidence.

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.