Keith Mack
Alberta's common-law relationships, now called Adult Interdependent Partnerships (AIPs), offer legal recognition to unmarried couples living together. This recognition grants AIPs rights and responsibilities akin to those of married couples, including spousal and child support, property division, insurance, taxation benefits, and inheritance rights. To be recognised as an AIP, couples must meet specific criteria, including cohabitation for at least three years, having a child together, or signing an agreement. This guide will explore the steps to establishing an AIP in Alberta, detailing the rights, benefits, and protections afforded to common-law couples in the province.
| Characteristics | Values |
|---|---|
| Term | Common-law couple |
| Alternate Term | Adult Interdependent Partnership (AIP) |
| Legal Recognition | Yes, since 2003 |
| Requirements | Living together for 3 years, having a child, or signing an agreement |
| Nature of Relationship | Platonic or romantic; family members can qualify |
| Rights | Property division, insurance, taxation benefits, inheritance rights, spousal support, child support, child custody |
| Property Division | Not always a 50-50 split, unlike married couples |
| Inheritance | Surviving partner can inherit from the deceased's estate if there is no will |
| Support | Financial support, spousal support, child support |
| Cohabitation Agreement | Can be entered into to set out rights and obligations |
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What You'll Learn
Common-law vs Adult Interdependent Partnership (AIP)
In Alberta, a common-law relationship is defined as an unmarried couple living together with or without children. Since 2003, the province has replaced the term "common-law" with "Adult Interdependent Partnership" or AIP. This change in terminology was enacted through the Adult Interdependent Relationships Act to give people in non-marriage relationships similar rights, benefits, and responsibilities as a marriage.
AIPs encompass more than heterosexual common-law relationships. They include same-sex relationships and non-conjugal persons living together in a relationship of interdependence, such as family members or friends. To be recognized as an AIP, couples must live together for three years, have a child, or sign an agreement.
Rights and Benefits of AIPs
AIPs have rights and obligations similar to those of married couples. They have legal recognition, which provides protection and prevents disputes regarding property, support, or inheritance rights. AIPs have rights relating to property division, insurance, taxation benefits, and inheritance. They may also access spousal support, child support, and child custody rights.
Additionally, AIPs can make personal decisions for their partner in situations where their partner is unable to, such as medical emergencies. They are entitled to financial support from their partner, especially in cases of separation or their partner's death. AIPs may also be eligible for immigration benefits and can file taxes jointly, accessing benefits like spousal tax credits.
Differences between Common-Law and AIP
The main difference between common-law and AIP is primarily in terminology, with AIP being the updated and preferred term in Alberta to encompass a wider range of relationships. The rights and benefits associated with each status are similar, with AIPs having legal recognition and protections akin to those of married spouses.
While common-law couples may have certain rights during the dissolution of their relationship or the passing of a partner, these rights may not always be as clear or guaranteed as those of married couples. AIPs, on the other hand, have more defined rights and protections under the Adult Interdependent Relationships Act.
In conclusion, while the terms "common-law" and "AIP" may have distinct historical connotations, in Alberta, they refer to similar types of relationships with comparable rights and benefits under the law. The use of "AIP" ensures that non-marital relationships, including same-sex and platonic partnerships, are legally recognized and protected.
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Rights and benefits of common-law couples
In Alberta, common-law couples are referred to as being in an Adult Interdependent Partnership (AIP). This term has been used in the province since 2003 to describe non-marital relationships with legal recognition.
- Property division: Unlike married couples, common-law couples do not have an automatic right to property division when their relationship ends. However, they can apply to the court on the grounds of unjust enrichment, which is a lengthy and complex legal process.
- Inheritance: If one partner in an AIP passes away without a will, the surviving partner can inherit from their deceased partner's estate. However, this right to inherit is not guaranteed and is determined by Alberta's estate laws.
- Spousal support: An AIP can bring a claim for spousal support under the Family Law Act, which is similar to the spousal support that a married spouse would receive under the Divorce Act.
- Child support and custody: As in all provinces and territories of Canada, the laws relating to child support and child custody are the same for married and common-law couples in Alberta.
- Taxation benefits: Common-law couples in Alberta have access to similar taxation benefits as married couples.
- Insurance: Common-law couples in Alberta have similar rights to insurance benefits as married couples.
It is important to note that to access these rights and benefits, the common-law relationship must meet certain criteria. In Alberta, this includes living together for at least three years, having a child together, or signing an agreement. Additionally, the rights of common-law couples may not always be as clear or comprehensive as those of married couples, and it is recommended to seek legal guidance to understand the nuances of the partnership.
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Criteria for common-law relationships
In Alberta, a couple is recognised as being in a "common-law" relationship—now referred to as an Adult Interdependent Partnership (AIP)—under the following criteria:
Length of cohabitation
The two individuals have lived together for three or more years. This is the easiest way to prove common law in Alberta.
Permanence
The two individuals have lived together with some degree of permanence and have a child together. This can be proven by having a child, owning property jointly, or sharing finances.
Adult Interdependent Partnership agreement
The two individuals have entered into an Adult Interdependent Partnership agreement. This means they did not have a legal marriage but were acknowledged in some legal situations. This agreement can be made if the couple intends to live separately and apart without the possibility of reconciling.
Financial interdependence
The two individuals share financial responsibilities and jointly own property. This can be proven with shared bank accounts, joint bills, or leases related to assets.
Emotional and physical support
The two individuals offer mutual emotional and physical support to each other. This can be proven with written statements from loved ones, such as family, friends, or neighbours.
It is important to note that common-law relationships in Alberta do not have the same rights as married couples in all areas, particularly regarding property division upon separation and dower interests upon death. However, common-law couples in Alberta are granted many of the same legal rights and responsibilities as married couples, including property division, inheritance, and financial support under laws like the Family Law Act and Wills and Succession Act.
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Proving a common-law relationship
In Alberta, a common-law relationship is legally referred to as an "Adult Interdependent Partnership" (AIP). To be recognised as an AIP, a couple must meet at least one of the following criteria: living together for at least three years, having a child together, or signing an Adult Interdependent Partnership Agreement.
- Living together for more than three years: This is one of the primary requirements for common-law relationships in Alberta. Proof of cohabitation can include joint bills, leases, or other documents related to shared assets.
- Having a child together: If a couple has a child together, it demonstrates a level of permanence in the relationship, even if they have not lived together for three years.
- Joint ownership and finances: Owning property jointly, sharing finances, and having joint bank accounts or life insurance policies listing each other as beneficiaries can be strong indicators of a common-law relationship.
- Written statements from loved ones: Statements from family, friends, or neighbours can support your claim by attesting to the nature and duration of your relationship.
- Adult Interdependent Partnership Agreement: Signing this agreement together is the easiest way to prove a common-law relationship in Alberta. It outlines the rights and obligations of each partner and establishes the relationship's legal recognition.
It is important to note that while common-law relationships in Alberta grant many similar rights and responsibilities as marriage, there are differences, especially regarding property division upon separation and dower interests upon death. Therefore, it is advisable to seek legal guidance to understand the nuances of common-law partnerships and ensure your rights are protected.
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Property rights and division
In Alberta, common-law couples are referred to as "Adult Interdependent Partners" or "AIPs". The Adult Interdependent Relationships Act (AIRA) defines an AIP as someone who has lived with another person in a relationship of interdependence for a continuous period of at least three years. An adult interdependent relationship may also be recognised if the relationship has some permanence, such as if the couple has a child together.
The rights of an AIP relationship are outlined in several acts, including the Family Law Act, the Wills and Successions Act, and the Income Tax Act. These rights include benefits relating to property division, insurance, taxation, inheritance, and the right to use the home after a partner passes away.
The Family Property Act, which came into effect on January 1, 2020, allows AIPs to make a claim for property division within two years from the date the applicant knew or should have known that the relationship had ended. Under this Act, any property owned by the parties, whether jointly or solely owned by one party, may be subject to equal division. There are, however, property categories exempt from division, such as property acquired through inheritance.
If AIPs do not want their property divided as per the Family Property Act, they can enter into an agreement to specify how their property is to be divided after separation. This agreement may be a cohabitation agreement, which sets out the rights and obligations of each partner towards each other.
It is important to note that unmarried couples do not have statutory property rights, and the property rights and obligations of unmarried couples are dictated by the same rules that apply to other non-romantic relationships where unjust enrichment claims arise.
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Frequently asked questions
In Alberta, a common-law relationship is a couple living together in a relationship resembling marriage but without being legally married. Since 2003, the term 'common-law' has been replaced by Adult Interdependent Partnership or AIP.
To be recognised as an AIP, a couple must meet at least one of the following criteria: living together for three or more years, having a child together, or signing an Adult Interdependent Partnership agreement.
Common-law relationships in Alberta offer legal rights similar to those of married couples, including property division, inheritance, taxation benefits, insurance, and spousal and child support.
To prove a common-law relationship, you can provide evidence such as joint bills, leases, property ownership, shared finances, and written statements from family and friends. Signing an Adult Interdependent Partnership agreement is the easiest way to prove your relationship.
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