Cameron Miranda
In Alberta, common-law relationships are now referred to as 'Adult Interdependent Partnerships' (AIPs) under the 2003 Adult Interdependent Relationships Act (AIRA). AIPs are considered dependent relationships and have similar rights to married couples, including spousal support, property division, and inheritance. To qualify as an AIP, couples must live together for three years, have a child together, or sign an Adult Interdependent Partner Agreement (AIPA). This article will explore the rights and responsibilities of AIPs in Alberta and how they are considered dependent relationships under the law.
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What You'll Learn
- Common law partners are considered dependents for the Wills and Succession Act
- Common law relationships are now called Adult Interdependent Partnerships (AIPs)
- AIPs are formed through cohabitation, having a child, or signing an agreement
- AIPs have similar rights to married couples regarding property, inheritance, and decision-making
- Common law partners can claim spousal support, property division, and inheritance
Common law partners are considered dependents for the Wills and Succession Act
In Alberta, a common-law relationship is now referred to as an "Adult Interdependent Partnership" (AIP). This change in terminology was implemented in 2003 with the introduction of the Adult Interdependent Relationships Act. This act outlines the criteria for a relationship to be legally recognised as an AIP, which includes living together for at least three years, having a child together, or signing an Adult Interdependent Partner Agreement.
Under the Wills and Succession Act, common-law partners who qualify as Adult Interdependent Relationships are typically considered dependents. This means that if their partner dies without a will, they have the same inheritance rights as a married spouse. They can apply for maintenance and support from the estate if their deceased partner did not make adequate provisions for them in their will or if they died without a will.
The rights of common-law partners in Alberta are similar to those of married couples in several ways. This includes the right to spousal support, property division, and certain benefits such as insurance. The division of property for common-law relationships, or AIPs, is governed by the Family Property Act, which ensures that assets and property acquired during the relationship are subject to equal division upon separation.
It is important to note that there are some differences between common-law relationships and marriages in Alberta. For example, dower rights only apply to married couples. Additionally, proving a common-law relationship may require evidence of cohabitation, financial interdependence, or a signed agreement.
In summary, common-law partners in Alberta are considered dependents for the Wills and Succession Act, providing them with similar inheritance rights as married spouses. However, it is always recommended to seek legal advice for specific situations, as each case may have its own nuances.
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Common law relationships are now called Adult Interdependent Partnerships (AIPs)
In Alberta, a common-law relationship is now called an "Adult Interdependent Partnership" (AIP). This change in terminology reflects the evolution of legal recognition for couples who choose not to marry but are in a committed relationship. The term "Adult Interdependent Partnership" emphasizes the mutual dependency and interdependence that characterises these relationships.
To be recognised as an AIP in Alberta, couples must meet specific criteria as outlined in the Adult Interdependent Relationships Act. One way to establish an AIP is by living together for at least three continuous years in a relationship of interdependence. This means sharing finances, household responsibilities, and living arrangements, as well as providing emotional and financial support to one another. Alternatively, if a couple has a child together, either by birth or adoption, they can qualify as an AIP regardless of the duration of their cohabitation.
Another way to establish an AIP is by signing an Adult Interdependent Partner Agreement (AIPA). This is a legal document that formally recognises the relationship as an AIP. The agreement outlines the rights and obligations of each partner under Alberta law, including the understanding that the relationship is exclusive and interdependent. It is important to note that an AIP agreement does not require the three-year cohabitation period.
The rights and responsibilities of AIPs in Alberta are similar to those of married spouses. For example, upon the dissolution of an AIP, property is typically divided equally, and AIPs are generally considered dependents for the Wills and Succession Act. This means that, in the absence of a will, an AIP can inherit from their partner's estate, and a surviving partner can apply for maintenance and support from the estate. Additionally, AIPs may be entitled to spousal support, insurance benefits, and decision-making rights similar to those of married couples.
While AIPs and marriages share certain similarities, there are also some important differences. For instance, adult interdependent partners must be at least 16 years old, whereas married spouses must be at least 18. Additionally, adult interdependent partners can be related to one another, but married spouses cannot be closely related. Furthermore, dower rights, which provide specific protections for married spouses, do not apply to AIPs.
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AIPs are formed through cohabitation, having a child, or signing an agreement
In Alberta, common-law relationships are recognised as Adult Interdependent Partnerships (AIPs) under the Adult Interdependent Relationships Act. An AIP is formed when two individuals live together in a marriage-like arrangement, sharing emotional and economic ties, without the need for a formal ceremony or registration.
AIPs can be formed through cohabitation, having a child, or signing an agreement. Here are the details:
Cohabitation
To prove cohabitation, partners must live together for at least three continuous years in a marriage-like relationship. This can include sharing finances, household responsibilities, living arrangements, or caregiving duties. The relationship does not need to be sexual or romantic, as it may be between close friends or family members, such as siblings or parent-child pairs.
Having a Child
Having a child together, either by birth or adoption, is another way to form an AIP. This criterion does not require the three-year cohabitation period. The child criterion is recognised in federal tax law, which considers couples as "living common-law" if they share a child, regardless of cohabitation duration.
Signing an Agreement
Partners can enter into a written Adult Interdependent Partner Agreement (AIPA), 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, or have parental consent/a court order if they are 16 or 17. This agreement is a legal document that outlines the rights and obligations of each partner under Alberta law.
Overall, AIPs formed through cohabitation, having a child, or signing an agreement, provide partners with similar rights and responsibilities to those of married couples, including property division, spousal support, and inheritance rights.
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AIPs have similar rights to married couples regarding property, inheritance, and decision-making
In Alberta, a relationship is considered a "common law" or Adult Interdependent Relationship (AIR) if it meets any of the following criteria:
- Cohabiting for three years or more in a relationship of interdependence.
- Cohabiting with a child, either by birth or adoption, regardless of the duration of cohabitation.
- Signing an Adult Interdependent Partner Agreement (AIPA), which does not require three years of cohabitation.
In Alberta, AIPs have similar rights to married couples regarding property, inheritance, and decision-making.
Property
AIPs have similar rights to married couples when it comes to property division. They have an equal claim to any assets acquired during the relationship, and a court can order the sale or division of jointly owned property. However, property owned before the relationship or received as a gift or inheritance during the relationship generally remains with the original owner.
Inheritance
Regarding inheritance, AIPs are considered dependents and have the right to the same inheritance as a spouse upon the death of their partner under the Wills and Succession Act. However, dower rights only apply to married couples.
Decision-making
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. They also have similar rights and obligations as married parents regarding their children, including guardianship, parenting, and child support.
It is important to note that while AIPs have similar rights to married couples in many respects, there are also some differences, particularly regarding the concept of a matrimonial home and the presumption of sharing property. Legislative changes that came into effect in 2020 addressed these issues and granted property rights to AIPs equivalent to those of married couples.
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Common law partners can claim spousal support, property division, and inheritance
In Alberta, "common law" has been considered outdated since the Adult Interdependent Relationships Act was enacted in 2003. The province now refers to this type of relationship as an "Adult Interdependent Partnership" (AIP). These partnerships are distinct from traditional marriages but have a legal framework to prevent and resolve complications.
AIPs are formed between two people who are emotionally and financially interdependent, regardless of whether their relationship includes a romantic or sexual component. This can include close friends, as well as certain family members, such as siblings or parent-child pairs, as long as they meet the criteria for cohabitation and interdependence.
There are three ways to become adult interdependent partners:
- Cohabit for three years: Partners must live together continuously in a relationship of interdependence for at least three years.
- Cohabit and have a child together: Partners must live together and have a child together, either by birth or adoption, regardless of the duration of cohabitation.
- Enter into an adult interdependent partner agreement: Partners can sign a legal agreement formally recognizing their relationship as an Adult Interdependent Relationship. This option does not require three years of cohabitation.
AIPs have similar rights to married couples, including the right to claim spousal support, property division, and inheritance.
Spousal Support
Adult interdependent partners in Alberta can bring a claim for spousal support under the Family Law Act. This is similar to the spousal support that a married spouse would claim under the Divorce Act.
Property Division
The division of property for common law relationships in Alberta is governed by the Family Property Act (FPA). This act extends the same property division rules to adult interdependent partners as those applied to married spouses. Property acquired in a common-law relationship is generally considered shared property and subject to equal division upon separation.
Inheritance
Common law partners are typically considered dependents for the Wills and Succession Act. This means that a surviving partner can apply for maintenance and support from the estate if the deceased partner did not make adequate provisions for them in their will or if they died without a will (intestate).
In summary, common law partners in Alberta, or adult interdependent partners, have the right to claim spousal support, property division, and inheritance, similar to married spouses. However, it is important to note that the specific laws and requirements may change over time, and it is always advisable to seek legal advice for one's specific situation.
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Frequently asked questions
A common-law relationship in Alberta is a couple that has lived together long-term but is not legally married. Since 2003, Alberta has replaced the term 'common-law' with 'Adult Interdependent Partnership' (AIP).
To prove a common-law relationship in Alberta, you need to demonstrate that you meet the criteria outlined in the Adult Interdependent Relationships Act (AIRA). This can be done by showing evidence of cohabitation for at least three continuous years in a marriage-like relationship, having a child together (by birth or adoption), or signing an Adult Interdependent Partner Agreement (AIPA).
Common-law partners in Alberta have similar rights to married couples, including property division, spousal support, and inheritance. Common-law partners can claim financial support if the relationship ends and are considered dependents for the Wills and Succession Act, allowing them to apply for maintenance and support from the estate if their partner passes away.
