Keith Mack
In Alberta, a common-law relationship is a type of committed partnership where two people live together and function as an economic and domestic unit without being legally married. While the term common-law relationship is commonly used, Alberta's legal system formally recognises these relationships as adult interdependent relationships or adult interdependent partners (AIP) under the Adult Interdependent Relationships Act (AIRA). This legislation outlines the rights and responsibilities of common-law couples, who enjoy similar rights to married couples, including property division rules, spousal support, and inheritance rights. To prove a common-law relationship in Alberta, couples must meet specific criteria, such as cohabitation for at least three years, having a child together, or signing an Adult Interdependent Partner Agreement (AIPA). These relationships can be ended through separation, marriage, or a mutual agreement.
| Characteristics | Values |
|---|---|
| Term | "Adult Interdependent Relationship" or "Adult Interdependent Partnership" (AIP) |
| Legal Recognition | Recognised in provincial law under the Adult Interdependent Relationships Act (AIRA) |
| Definition | Two people living together like in a marriage but without a marriage certificate |
| Requirements | Lived together for three or more years, lived together with some level of permanence (e.g. having a child together), entered into an Adult Interdependent Partner Agreement |
| Nature of Relationship | Does not need to be conjugal or sexual, but easier to prove if it is romantic |
| Legal Rights and Obligations | Similar to married couples, including spousal support, property division, and inheritance |
| Property Division | Same rules as married spouses, generally equal division of debt and jointly acquired property |
| Termination | Ends when partners separate, marry someone else, or sign an agreement to end the relationship |
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What You'll Learn
Common law vs. marriage
In Alberta, a couple is considered to be in a common-law relationship, or an "Adult Interdependent Relationship" (AIR), if they meet at least one of the following criteria: they have lived together for at least three 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 relationship does not need to be romantic or conjugal, and can include minors, relatives, and platonic friends.
On the other hand, marriage in Alberta requires a couple to obtain a marriage license and hold a legal ceremony. While marriage grants automatic recognition and protections under the law, adult interdependent partners require proof of their relationship. This can be demonstrated through evidence of cohabitation, having a child together, or signing an Adult Interdependent Partner Agreement.
In terms of property division, both married couples and common-law partners in Alberta are subject to the Family Property Act, which outlines the rules for dividing property in the event of a relationship breakdown. Under this Act, each partner generally keeps the property they brought into the relationship, as well as gifts, inheritances, and personal payouts received during the relationship. However, the increase in value of property brought into the relationship may be divided unequally, while debt and property obtained as a couple are typically split equally.
When it comes to inheritance, a surviving spouse automatically inherits under the Wills and Succession Act if their partner dies without a will. Common-law partners have similar inheritance rights, but they must prove their relationship status if they are not explicitly named in the will.
It is important to note that the term "common-law" is no longer used in Alberta's legal system, with the province now referring to these couples as Adult Interdependent Partners or AIP. While there are some similarities between common-law relationships and marriages in Alberta, there are also key differences in terms of legal recognition, rights, and obligations.
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Rights and protections
In Alberta, a common-law relationship is referred to as an "Adult Interdependent Partnership" (AIP). This term was introduced in 2003 to replace the term "common-law".
Partners in an AIP have similar rights and protections to those of a married couple. These include:
- Property division: AIP partners have rights to property division, similar to married couples. Each partner typically keeps the property they brought into the relationship, as well as gifts, inheritances, and personal items. Any increase in the value of shared property may be divided unequally, while debt and property acquired as a couple are usually split equally.
- Inheritance: In the event of a partner's death, the surviving AIP partner has the right to the same inheritance as a spouse under the Wills and Succession Act. They can request support from the estate and have the right to stay in the family home for 90 days, with the estate covering mortgage payments or rental costs.
- Spousal and child support: AIP partners are entitled to spousal and child support, similar to married couples.
- Insurance and taxation benefits: AIP partners may also enjoy insurance and taxation benefits.
It is important to note that, unlike married couples, AIP partners must meet specific criteria before they are entitled to property division or spousal support. Proving AIP status can be crucial, especially during a separation when property division and spousal support may be in dispute. Documentation such as utility bills, lease agreements, and joint bank account statements can help demonstrate a relationship of interdependence. Additionally, signing an Adult Interdependent Partner Agreement can provide legal recognition and protection for both partners.
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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 a relationship. The act applies to both married and common-law couples.
Under the Family Property Act, property owned by either or both adult interdependent partners can be divided according to the family property regime in Alberta. This means that anything considered family property will generally be divided equally between the parties unless circumstances suggest that it would be unjust or inequitable to do so. In such cases, the court may consider factors such as the contribution made by each partner to the relationship, their income, earning capacity, liabilities, and any other relevant facts or circumstances.
Not all assets are subject to division upon separation. The Family Property Act specifically excludes certain types of property, such as assets owned by a spouse before the relationship, gifts received during the relationship, inheritances, and certain types of insurance claims. These assets are generally considered the exclusive property of the individual and are not subject to division. However, it is important to note that the increase in value of these excluded assets is considered divisible property.
To ensure fair and equitable outcomes, individuals can take steps to protect their assets and rights during the separation process. This can include entering into cohabitation or separation agreements that outline their own terms for property division. These agreements should be signed as early as possible in the relationship, preferably before any disputes arise. Consulting with a knowledgeable family lawyer can provide guidance and assistance in navigating these issues and reaching a resolution.
Additionally, the timing of the separation is important in determining which property division regime will apply. For separations that occurred before January 1, 2020, the Adult Interdependent Relationships Act may apply, while the Family Property Act generally applies to separations on or after that date.
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Adult Interdependent Relationships Act
In Alberta, the term "adult interdependent relationship" is used to describe a committed relationship between two people who live together like a married couple but without a marriage certificate. The Adult Interdependent Relationships Act (AIRA) defines the rights and responsibilities of these relationships, which are similar to those of married spouses. This act came into force in June 2003 and applies to unmarried individuals in a relationship of interdependence.
The term "living common-law" is no longer used in Alberta laws, but it is still used in Canadian laws. There may be some differences between AIRA and the common-law term in Canadian laws. For example, to qualify as "common-law" for income tax purposes, couples need to reside together for only one year. It is important to note that an Adult Interdependent Relationship never becomes a legal marriage, regardless of the duration.
Under the Adult Interdependent Relationships Act, a couple is considered to be in an Adult Interdependent Partnership (AIP) if one of the following criteria applies:
- 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.
- They have entered into an Adult Interdependent Partner agreement.
It is important to note that a relationship does not need to be romantic or conjugal to qualify as an Adult Interdependent Relationship. Minors, relatives, and platonic friends can be considered interdependent relationships under certain circumstances.
The Adult Interdependent Relationships Act has amended the Insurance Act to allow for the insurance of an adult interdependent partner's life. It also provides rules for insurance benefits, assured incomes for severely handicapped individuals, and benefits under the Workers Compensation Act and the Victim of Crimes Act.
Starting on January 1, 2020, the Family Property Act provides that property from a relationship be divided equally for both married couples and adult interdependent partners. This act allows adult interdependent partners 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.
In summary, the Adult Interdependent Relationships Act in Alberta recognises a wide range of committed partnerships and provides similar rights and protections to married couples in terms of property division, insurance benefits, and spousal and child support.
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Proving common-law status
In Alberta, the term ""common law" is often used colloquially to describe couples that live together in a relationship resembling marriage but who are not legally married. However, under Alberta law, these relationships are formally recognised as "adult interdependent relationships". This distinction is crucial for partners seeking to understand their legal position and the rights and obligations that come with their relationship status.
The Adult Interdependent Relationships Act (AIRA) defines and governs adult interdependent relationships in Alberta. This Act outlines the criteria that judges in Alberta will refer to when assessing whether a relationship can be classified as adult interdependent. The following factors will be considered:
- Is the relationship exclusive?
- How do the couple handle living arrangements and household responsibilities?
- Do they present themselves to others as an economic and domestic unit?
- Have they entered into an Adult Interdependent Partner Agreement?
- Have the partners made provisions for each other in their wills?
- Have they made financial contributions to each other for their well-being, such as using joint bank accounts or providing health benefits?
- Are the partners financially dependent on each other?
- Do they have, care for, and support any children together?
One of the most reliable ways to prove an adult interdependent relationship in Alberta is by signing an Adult Interdependent Partner Agreement (AIPA). This is a legal document that formalises the couple's status and outlines their rights and obligations under Alberta law. To be valid, the agreement should include a statement acknowledging that both parties understand their rights and obligations under the AIRA, declarations stating that both partners are 16 years old or older, unmarried, and not party to another Adult Interdependent Agreement, and a clause that makes the agreement void if the relationship ends. The document must be signed by both partners and witnessed.
Other ways to prove a common-law relationship in Alberta include demonstrating cohabitation for at least three continuous years in a marriage-like relationship or having a child together. Supporting evidence typically includes documents showing shared finances, such as joint bank accounts, mortgages, or utility bills, and proof of shared living arrangements, like lease agreements or property ownership documents.
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Frequently asked questions
In Alberta, a common-law relationship is called an Adult Interdependent Partnership (AIP). This is a relationship where two people live together like in a marriage but without a marriage certificate. Common-law partners have similar rights and responsibilities to married couples, including similar property division rules.
You can prove you are in a common-law relationship by demonstrating 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, or signing an Adult Interdependent Partner Agreement (AIPA).
Common-law partners have similar inheritance rights to married couples, and can claim spousal support and financial support if the relationship ends. They also have the same property division rules and protections as married couples.
