Keith Mack
In Alberta, the term 'common law' refers to unmarried couples living together without a marriage certificate. Since 2003, these relationships have been called 'Adult Interdependent Partnerships' (AIPs). AIPs are legally recognised and have similar rights to married couples, including property division, inheritance, and financial support. However, there are differences in how common-law relationships and marriages are treated in Alberta, particularly regarding property division upon separation. This paragraph will explore the common-law rules in Alberta, including the rights, responsibilities, and differences from marriage.
| Characteristics | Values |
|---|---|
| Term | Common-law couples are now called Adult Interdependent Partners (AIPs) |
| Legal Recognition | AIPs receive similar legal recognition to married spouses |
| Rights | AIPs have similar rights to married couples, including property division, inheritance, and financial support |
| Property Division | AIPs divide property similarly to married couples, but it is not always a 50-50 split |
| Proof of Relationship | Can be proven through an Adult Interdependent Partner Agreement, living together for more than 3 years, having a child together, or other evidence of a deep commitment |
| Legislation | AIPs are recognized under the Family Law Act, the Wills and Succession Act, and the Adult Interdependent Relationships Act |
| Spousal Support | AIPs can bring a claim for spousal support under the Family Law Act |
| Child Support & Custody | Laws are the same for married and common-law couples |
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What You'll Learn
Common-law relationship status
In Alberta, a common-law relationship is defined as an "Adult Interdependent Partnership" (AIP). This term has been in use since 2003, replacing the term 'common-law' couple. An AIP is a legally recognised non-marital relationship between two adults who live together like a married couple but without a marriage certificate.
To qualify 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 Partner Agreement. The Adult Interdependent Relationships Act outlines the rights and responsibilities of AIPs, which are similar to those of married couples. These include rights related to property division, inheritance, and financial support.
When a common-law relationship ends in Alberta, property division can be complex. Unlike married couples, there is no automatic 50-50 split of assets. Instead, the court considers factors such as the length of the relationship, financial contributions, and the presence of children. Individuals in a common-law relationship can protect their rights and assets through a cohabitation agreement, which outlines how property will be divided if the relationship ends.
While common-law couples in Alberta have similar rights to married couples during the dissolution of their relationship, there are some differences. For example, common-law couples do not have the same property division rights as married couples upon separation, and they do not have dower rights upon the death of their partner. It is important for individuals in a common-law relationship to understand their rights and responsibilities, especially regarding property and inheritance, to ensure their interests are protected.
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Property division
In Alberta, the division of property upon separation is governed by the Family Property Act. This legislation outlines the principles and procedures for dividing assets and liabilities acquired during the course of a marriage or common-law relationship (which in Alberta is called an adult interdependent partnership).
The Family Property Act allows adult interdependent partners to make a claim for property division within 2 years from the date the applicant knew the relationship had ended or should have known that it had ended. The Act also provides a much clearer path to resolution for people in adult interdependent relationships who wish to separate. It will now generally be easier to follow a path to resolution when separating from a common-law spouse in Alberta.
Under the Family Property Act, any property owned by the parties, whether jointly or solely owned by one of the parties, may be subject to equal division. There are also property categories exempt from division, such as property acquired through an inheritance. If common-law partners do not want to have their property divided under the Family Property Act, they can enter into an agreement to specify how their property is to be divided after separation. This agreement must be in writing, and both parties must acknowledge the nature and effect of the agreement separately from each other, and each party shall obtain independent legal advice.
The Family Property Act impacts property division for non-married couples in common-law relationships. The rights given under the new Family Property Act will now apply to common-law couples if they are deemed to be “adult interdependent partners” as defined by the law. To be considered an adult interdependent partner, two people must have lived together in a relationship of interdependence for a minimum of three years or have a child together.
It is important to note that the division of property laws for unmarried partners in Alberta changed on January 1, 2020. If you separated after this date and are eligible to be considered an adult interdependent relationship, the division of property will fall under the Family Property Act, which affords Adult Interdependent Partners similar rights as married parties. Prior to this date, the division of property for unmarried partners was governed by the Adult Interdependent Relationships Act.
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Inheritance
In Alberta, common-law relationships are referred to as "Adult Interdependent Relationships" or "Adult Interdependent Partnerships" (AIP). This term has been used since 2003 instead of "common-law". AIPs are legally recognised and offer similar rights to married couples, including property division, insurance, taxation benefits, and inheritance rights.
AIPs have inheritance rights similar to those of married couples. If an individual in an AIP passes away without a will, or 'intestate', the surviving partner inherits from the deceased's estate. This is outlined in the Wills and Succession Act, which establishes a structured framework for asset allocation.
If there is a will, the surviving partner can be specified as a beneficiary and inherit as such. If there is no will, the surviving partner still inherits, but the assets are distributed according to Alberta's estate laws.
It is important to note that if the surviving partner is also a descendant, they will only inherit what they are entitled to as a partner and not in any other capacity.
Proving an AIP
To prove an AIP, certain criteria must be met as outlined in the Adult Interdependent Relationships Act (AIRA). This includes cohabitation for at least three continuous years, having a child together, or signing an Adult Interdependent Partner Agreement (AIPA).
Property Division
Property division between AIPs is covered by Alberta's Family Property Act, which ensures that people in common-law relationships have similar legal rights to married couples. Generally, each partner keeps the property they brought into the relationship, as well as gifts, inheritances, and other individual acquisitions. Joint property and debts are typically shared evenly, and the increase in value of any individual property may also need to be split.
Summary
In summary, AIPs in Alberta have inheritance rights similar to those of married couples. The surviving partner of an AIP can inherit from the deceased's estate, either as specified in a will or according to Alberta's estate laws if there is no will. Proving an AIP relationship is important for claiming inheritance rights, and property division between AIPs follows similar rules to those for married couples.
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Adult Interdependent Partnership (AIP)
In Alberta, the term 'common-law' refers to unmarried couples living together. Since 2003, this has been called an Adult Interdependent Partnership (AIP).
Alberta law defines two types of relationships: married couples and adult interdependent relationships. An adult interdependent relationship is a kind of unmarried relationship that exists in specific situations. The people in this type of relationship are known as adult interdependent partners.
The Adult Interdependent Relationships Act defines an adult interdependent relationship as a relationship of commitment and permanence. It does not have to be a romantic or sexual relationship. Two people are considered adult interdependent partners if they:
- Have signed an Adult Interdependent Partner Agreement
- Have lived together in a relationship of interdependence for three or more years
- Live together in a relationship of interdependence, with the intention to continue doing so
The easiest way to prove an AIP is to sign an Adult Interdependent Partner Agreement. If no such agreement is in place, other evidence can be used to prove an AIP, such as having lived together for more than three years, having joint bills or leases, having a child together, owning property jointly, or sharing finances.
The rights and responsibilities of AIPs are similar to those of married spouses. For example, under the Wills and Succession Act, an AIP is considered a dependent and has the right to the same inheritance as a spouse upon the death of their partner. Additionally, AIPs have the same property rights and obligations as married couples. However, it is important to note that dower rights only apply to married couples.
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Spousal support
In Alberta, common-law relationships are referred to as adult interdependent relationships, and there are specific rules to define whether a relationship is considered an adult interdependent relationship. Adult interdependent partners are obligated to support each other based on certain factors, and spousal support may be payable in these relationships.
To establish a common-law relationship in Alberta, a couple must meet one of the following three criteria: they have cohabited in a relationship of interdependence for at least three years; they have cohabited in a relationship of interdependence with some sense of permanence for less than three years and share a child; or they have entered into a formal Adult Interdependent Partnership agreement. Two platonic friends can be considered common-law spouses if they meet the criteria for interdependence or enter into an Adult Interdependent Partnership agreement.
Common-law partners can apply for spousal support under Alberta's Family Law Act if they have children together and have lived in a marriage-like relationship, or if they do not have children but have lived together in a marriage-like relationship continuously for at least three years. Even if these requirements are met, spousal support is not guaranteed and is determined by a variety of factors. These include the length of the relationship, each spouse's role in the relationship and earning potential, needs, and financial means.
The calculation of spousal support is one of the most complex areas of family law, and it is recommended to consult a family law professional. The Spousal Support Advisory Guidelines are used by judges and family law professionals to calculate spousal support amounts, but they are not obligatory and are only for advisory purposes. The guidelines generally state that in cases without children, support will be given for a maximum of one year per year the parties resided together. In cases with children, support will continue for the maximum of one year per year cohabited or until the children complete high school, whichever is longer.
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Frequently asked questions
A common-law relationship in Alberta refers to unmarried couples living together. Since 2003, it has been called an Adult Interdependent Partnership (AIP).
Common-law couples in Alberta have similar rights to married couples, including property division, inheritance, and financial support. However, there are some differences, such as in the division of property upon separation and dower interests upon death.
The easiest way to prove a common-law relationship in Alberta is to sign an Adult Interdependent Partner Agreement. Other ways to prove common-law status include living together for more than three years, having a child together, owning property jointly, or sharing finances.
Property division for common-law couples in Alberta is covered by the Family Property Act. Each partner keeps the property they brought into the relationship, and assets acquired during the relationship are divided fairly, but not necessarily equally. Joint property and debts are typically shared evenly.
