Anaya Nolan
In Alberta, common-law relationships are now referred to as Adult Interdependent Relationships or Adult Interdependent Partnerships (AIP). To be recognised as an AIP, a couple must have lived together for at least three years, have a child together, or sign an Adult Interdependent Partner agreement. These relationships are legally recognised in Alberta and share many of the same rights and responsibilities as marriages, including property division, inheritance, and financial support.
| Characteristics | Values |
|---|---|
| Term | Adult Interdependent Relationship (AIR) or Adult Interdependent Partnership (AIP) |
| Legal Recognition | Recognised under provincial law in the Adult Interdependent Relationships Act (AIRA) |
| Requirements | Living together for 3 years, having a child, or signing an Adult Interdependent Partner agreement |
| Rights | Similar to married couples, including property division, inheritance, and decision-making |
| Protection | Signing an AIP agreement helps secure legal rights and protections for both partners |
| End of Relationship | Separation, marriage to someone else, or signing an agreement to end the relationship |
| Property Division | Governed by the Family Property Act (FPA) with rules similar to those for married spouses |
| Common-Law Divorce | No specific term; common-law couples go through the same legal divorce process as married couples |
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What You'll Learn
- Common-law relationships in Alberta are called 'Adult Interdependent Partnerships' (AIP)
- Couples must live together for three years to qualify as AIP
- AIP partners have similar rights to married couples
- Common-law couples must go through the same legal divorce process as married couples
- Common-law partners are considered dependents for the Wills and Succession Act
Common-law relationships in Alberta are called 'Adult Interdependent Partnerships' (AIP)
In Alberta, a common-law relationship is called an "Adult Interdependent Partnership" (AIP) under the 2003 Adult Interdependent Relationships Act (AIRA). This act recognises common-law relationships and grants them many of the same legal rights and responsibilities as marriages, such as property division, inheritance, and financial support under laws like the Family Law Act and Wills and Succession Act.
To qualify as an AIP, a couple must 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. This agreement is a legal document that outlines how property and support will be divided if the relationship ends. It is important to note that a relationship does not have to be sexual or conjugal in nature to qualify as an AIP, but it may be more challenging to prove if others do not perceive the individuals as partners. Affidavits from friends or family members confirming the nature of the relationship can strengthen the case for an AIP.
Individuals in an AIP are considered dependents for the Wills and Succession Act, meaning that a surviving partner can apply for maintenance and support from the estate if the deceased partner did not make adequate provisions in their will or died without a will. To protect assets in an AIP, it is recommended to sign a cohabitation agreement that sets out how property and support will be handled in the event of a separation.
The end of an AIP can occur through various means, including marriage, separation, or signing an agreement stating that the individuals are no longer adult interdependent partners. It is important to note that there is no such thing as a "common-law divorce" in Alberta, and AIP couples must go through the same legal divorce process as formally married couples. When an AIP ends, property from the relationship must be divided fairly, which may not result in a 50-50 split as in married couples.
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Couples must live together for three years to qualify as AIP
In Alberta, a common-law relationship is called an "Adult Interdependent Partnership" (AIP) under the 2003 Adult Interdependent Relationships Act (AIRA). While the term "common law" is no longer used in Alberta's legal system, couples in an AIP share similar rights to married couples, including property division, inheritance, and decision-making.
To qualify as an AIP in Alberta, couples must meet one of the following criteria:
Living Together for Three Years
One of the requirements for couples to qualify as AIP in Alberta is to live together for at least three continuous years. This requirement indicates a relationship of interdependence, where the couple functions as an economic and domestic unit. To prove cohabitation, documentation such as utility bills, lease agreements, or joint bank account statements can be provided. Affidavits from friends or family members confirming the nature of the relationship can also strengthen the case.
Having a Child Together
Couples who have a child together, either by birth or adoption, can qualify as AIP. This indicates a degree of permanence in their relationship. However, it is important to note that having a child together does not automatically qualify a couple as AIP, and they must also demonstrate a level of interdependence.
Signing an Adult Interdependent Partner Agreement
The third way for couples to qualify as AIP is by signing a formal Adult Interdependent Partner Agreement (AIPA). This agreement outlines the rights and obligations of each partner and helps secure legal rights and protections for both individuals. It is a way to formally recognize their relationship without the need for a marriage certificate.
It is important to note that while these are the main qualifications for AIP in Alberta, there may be additional factors and complexities considered on a case-by-case basis. Additionally, the definition of "common law" and the specific requirements for AIP may vary across different provinces in Canada.
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AIP partners have similar rights to married couples
In Alberta, a common-law relationship is referred to as an Adult Interdependent Partnership (AIP) under the 2003 Adult Interdependent Relationships Act (AIRA). This legislation was enacted to grant people in non-marriage relationships some of the rights, benefits, and responsibilities akin to those of a marriage.
AIPs have similar rights to married couples, including:
Property Rights
AIPs are entitled to similar property rights as married couples, which includes the division of assets upon separation. The Family Property Act (FPA) directs the division of property between AIPs in the same way as between spouses, unless there is an enforceable agreement in place that prevents it.
Support Obligations
Like married couples, AIPs may be subject to support obligations upon the termination of the relationship. This includes the right to receive (or the obligation to pay) partner support under Alberta's Family Law Act.
Inheritance
Under Alberta's Wills and Succession Act, AIPs are considered dependents and have the right to the same inheritance as a married spouse when their partner dies.
Decision-Making
Similar to married couples, AIPs can make personal decisions for their partner in situations where they are unable to do so, such as in medical emergencies or health deteriorations.
Insurance Benefits
In an AIP, individuals have the right to insure their partner's life and are entitled to receive insurance benefits in the same manner as a spouse.
It is important to note that while AIPs have similar rights to married couples, there are some key differences. For example, AIPs can be related to each other by blood, but married spouses cannot. Additionally, AIPs do not have the legal right to change their surname to their partner's surname.
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Common-law couples must go through the same legal divorce process as married couples
In Alberta, a common-law relationship is called an "Adult Interdependent Partnership" (AIP) under the 2003 Adult Interdependent Relationships Act. Couples qualify as an AIP if they live together for three years, have a child, or sign an Adult Interdependent Partner agreement. AIP partners share similar rights to married couples regarding property, inheritance, and decision-making.
A common-law relationship ends when the partners cease living together in an interdependent relationship, marry someone else, or sign an agreement to end their adult interdependent relationship. However, both types of relationships may involve legal proceedings for matters like property division or support claims after separation.
The division of property for common-law relationships in Alberta, known as Adult Interdependent Relationships, is governed by the Family Property Act (FPA). Since 2020, this act has extended the same property division rules to adult interdependent partners as those that apply to married spouses. Property acquired in a common-law relationship is generally considered shared property and subject to equal division upon separation.
Therefore, common-law couples must go through a similar legal divorce process as married couples. The rights and responsibilities regarding the property of couples in common-law relationships in Alberta are determined by what is considered “fair” or “equitable”. In most cases, you will have the same legal rights as a divorcing couple. Under the updates to the Family Property Act, if you separated in Alberta after January 1, 2020, and pass the eligibility requirements for an adult interdependent relationship, the division of property law is the same as for a divorce.
It is important to note that the term "common-law" is no longer used in Alberta's law system. Instead, the pair is referred to as Adult Interdependent Partners or AIP.
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Common-law partners are considered dependents for the Wills and Succession Act
In Alberta, a common-law relationship is called an "Adult Interdependent Partnership" (AIP) under the 2003 Adult Interdependent Relationships Act (AIRA). Couples qualify as AIPs if they live together for three years, have a child, or sign an Adult Interdependent Partner agreement.
AIPs share similar rights to married couples regarding property, inheritance, and decision-making. Signing an AIP agreement helps secure legal rights and protections for both partners. Under the Wills and Succession Act, a surviving spouse or AIP has the right to stay in the family home for 90 days after the date of death, or longer with a court order, at the expense of the estate. This applies regardless of whether the matrimonial home is owned, rented, or jointly owned with another person.
Under the Wills and Succession Act, a surviving spouse is entitled to receive all property given to them under the will of the deceased spouse, in addition to their claim for matrimonial property. Dependents not adequately provided for in a deceased individual’s will can apply to the Courts for a larger share of the estate. If successful, the Court can adjust the distribution to ensure necessary support. Eligible family members include a spouse, Adult Interdependent Partner, minor child, an adult child who is unable to earn a livelihood due to physical or mental disability, an adult child under 22 in full-time education if the deceased was supporting them, and a minor grandchild or great-grandchild if the deceased was acting as their guardian.
If a person dies without a will in Alberta, leaving a spouse or AIP and all the children of the deceased are from that relationship, the whole estate goes to that spouse or AIP instead of being divided among the spouse (or AIP) and the children. The Wills and Succession Act presumes that the deceased intended to leave everything to the spouse (or AIP) and that the spouse (or AIP) will take care of the children. For instance, if a person dies without a will and leaves a common-law spouse with a financially independent adult child, the common-law spouse will inherit the entire estate based on the Act.
Under the Wills and Succession Act, the distribution of estates where no valid will exists follows a specific order of priority. If there are children from another relationship, the surviving spouse is entitled to a preferential share.
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Frequently asked questions
A common-law relationship in Alberta is a couple living together without a marriage certificate. Since 2003, these relationships have been called "Adult Interdependent Partnerships" (AIP).
Two people need to live together for at least three continuous years to be considered common-law partners in Alberta. However, there are some scenarios where this can be achieved sooner, such as having a child together.
Signing an Adult Interdependent Partner Agreement helps secure legal rights and protections for both partners. It also makes it easier to prove that you are in a common-law relationship.
