Keith Mack
In Alberta, the term Adult Interdependent Relationship (AIR) is used to refer to what is commonly known as a common-law relationship. The Adult Interdependent Relationships Act, which came into force in 2003, defines the rights and responsibilities of individuals in such relationships, which include property division, insurance, taxation benefits, and inheritance rights. To qualify as an AIR, a couple must live together for three years, have a child together, or enter into an Adult Interdependent Partner agreement. These relationships can include platonic friendships and relatives, and do not need to be romantic or conjugal.
| Characteristics | Values |
|---|---|
| Term used | Adult Interdependent Relationship (AIR) or Adult Interdependent Partnership (AIP) |
| Legal recognition | Yes, since 2003 |
| Requirements | Lived together for three or more years, lived together with some level of permanence (e.g. having a child together), or have entered into an Adult Interdependent Partner agreement |
| Nature of relationship | Does not need to be romantic or conjugal; can include platonic friends or relatives |
| Rights | Similar to married couples in terms of property division, insurance, taxation benefits, inheritance rights, and decision-making |
| Protections | Similar to married couples |
| End of relationship | Getting married, signing an agreement to end the partnership, or a declaration of irreconcilability |
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What You'll Learn
Common-law relationships are now called Adult Interdependent Partnerships (AIPs)
In Alberta, a common-law relationship is now legally referred to as an "Adult Interdependent Partnership" (AIP). This change in terminology was enacted with the Adult Interdependent Relationships Act (AIRA) in 2003, which aimed to grant people in non-marriage relationships certain rights, benefits, and responsibilities akin to those of a legal marriage.
AIPs are defined as relationships outside of marriage where two individuals share their lives, are emotionally committed to each other, and function as an economic and domestic unit. These relationships do not need to be romantic or sexual in nature, and can include platonic friends or relatives, as long as they meet the criteria for a relationship of interdependence.
To qualify as AIPs, couples must meet one of the following criteria: they have lived together in a relationship of interdependence for at least three years; they have lived together with some degree of permanence and have a child together; or they have entered into a formal Adult Interdependent Partnership agreement. It is important to note that AIPs are prohibited between minors or those lacking the necessary mental capacity, unless the minor is aged 16 or 17 with parental consent. Additionally, individuals who are already married or in another AIP agreement cannot enter into a new AIP.
AIPs have similar rights and obligations to married couples, including decision-making rights and financial rights. For example, AIPs can make personal decisions for their partner in situations like medical emergencies. They are also entitled to spousal support, property division, inheritance, and financial support, especially in cases of separation or the death of a partner. However, there are some differences in rights, particularly regarding property, where upon the breakdown of an AIP, each individual generally leaves with what they brought into the relationship, and shared property is divided or sold.
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AIPs have similar rights to married couples
In Alberta, a couple is considered to be in a "common law" relationship when they live together for three or more years, have a child together, or enter into an Adult Interdependent Partnership (AIP) by signing an agreement. Since 2003, the province has replaced the term "common-law" with "Adult Interdependent Partnership" to refer to non-marital relationships with legal recognition.
The Adult Interdependent Relationships Act recognises a wide range of committed partnerships, including platonic relationships and family members. It is important to note that while AIPs have similar rights to married couples, there are also some differences. For instance, dower rights only apply to married couples.
To prove a common-law relationship in Alberta, judges will refer to the Adult Interdependent Relationships Act and consider various factors, including the exclusivity of the relationship, living arrangements, financial contributions, and whether the couple presents themselves as an economic and domestic unit.
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AIPs can be platonic or between relatives
In Alberta, a couple is considered to be in a “common law” relationship or an Adult Interdependent Partnership (AIP) if they meet one of the following criteria: they have lived together for three or more years, they have lived together with some degree of permanence and have a child together, or they have entered into an Adult Interdependent Partner agreement. The Adult Interdependent Relationships Act (AIRA) defines an AIP as a relationship of interdependence, which can include minors, relatives, and platonic friends under the right circumstances. This means that two people who are related by blood or adoption can become adult interdependent partners by signing a formal Adult Interdependent Partner agreement. It's important to note that AIPs are not limited to romantic or conjugal relationships, and individuals in an AIP can be platonic friends or relatives who don't live together.
AIPs have similar rights and obligations to married couples, including decision-making rights, financial rights, and estate rights. For example, under Alberta's Wills and Succession Act, an AIP is entitled to the same inheritance as a married spouse when their partner dies. Additionally, the Family Property Act grants AIPs the same division of property rights after separation as married couples. However, there are some key differences between AIPs and marriages, particularly regarding the division of property. In an AIP, each individual generally leaves the relationship with what they brought into it, and shared property may need to be divided or sold, with proceeds split between the partners.
The amount of AIP support awarded by Alberta courts is determined on a case-by-case basis, considering factors such as the length of the relationship, financial positions, and any job losses. If the AIP partnership lasted longer than 20 years, AIP support may be ordered to continue indefinitely.
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AIPs can be formed in three ways
In Alberta, a couple is considered to be in a common-law relationship, or an Adult Interdependent Partnership (AIP), when one of the following circumstances is true. These circumstances represent the three ways in which AIPs can be formed:
Living together for three or more years
The two individuals have lived together for three or more years with some degree of permanence. This means that the couple has lived together in a relationship of interdependence for at least three years.
Having a child together
The two individuals have lived together with some degree of permanence and have a child together. This means that the couple has a child and lives together in a relationship of interdependence.
Entering into an Adult Interdependent Partner agreement
The two individuals have entered into a written Adult Interdependent Partner agreement, which establishes their relationship as an AIP without needing to meet the time or child criteria. Both partners must be at least 18 years old to enter into an Adult Interdependent Partnership. However, 16 or 17-year-olds can enter into an AIP with parental consent or a court order. Additionally, the only way for two people who are related by blood or adoption to become adult interdependent partners is to sign this formal agreement.
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AIPs are entitled to spousal support, property division, and inheritance
In Alberta, a common-law relationship is referred to as an Adult Interdependent Partnership (AIP). AIPs are entitled to spousal support, property division, and inheritance.
Spousal Support
Spousal support is meant to recognise and account for the economic advantages and disadvantages caused by the end of a marriage. There are two formulations for calculating spousal support, depending on whether or not child support is also being paid.
If there are no children, the low-end amount can be calculated by finding the difference between the gross incomes of each party, multiplying that difference by 0.015, and then multiplying that number by the number of years the parties lived together. The high-end amount is calculated in a similar way, but the difference in gross incomes is multiplied by 0.02 instead.
If there are children, the general amount can be calculated by taking the net disposable incomes of each party after taxes, deductions, and childcare expenses, leaving 40-46% of the total to the recipient of spousal support.
It is important to note that spousal support guidelines in Alberta are only for advisory purposes. Judges use the guidelines but are not obligated to do so.
Property Division
The rules for property division in common-law relationships in Alberta have changed since the transition from the Matrimonial Property Act to the Family Property Act in 2020. These changes ensure that AIPs have the same property division rules and protections as married spouses.
Inheritance
Under the Alberta Wills and Succession Act, AIPs are entitled to inheritance in the event of their partner's death. If a person dies without a will in Alberta, leaving an AIP, and all the children of the deceased are from that relationship, the entire estate goes to the AIP. If the deceased had children from another relationship, the AIP is entitled to receive a preferential share from the estate.
It is important to note that a spouse loses entitlements to the estate of a deceased if they have been separated for at least two years or if there is a court declaration of irreconcilability or a court order finalizing the marital break-up.
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Frequently asked questions
A common-law relationship in Alberta is now referred to as an Adult Interdependent Partnership (AIP). This term has been in use since 2003 and is legally recognised.
A couple is considered to be in a common-law relationship in Alberta if they meet one of the following criteria: they have lived together for three or more years, they have a child together and have lived together with some degree of permanence, or they have entered into an Adult Interdependent Partner agreement.
Those in a common-law relationship in Alberta have similar rights to married couples, including property division, insurance, taxation benefits, and inheritance rights.
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