Cecily Zamora
In Alberta, common-law relationships are referred to as Adult Interdependent Relationships (AIRs) or Adult Interdependent Partnerships (AIPs). AIPs are defined by the Adult Interdependent Relationships Act and require living together for three years, having a child, or signing an agreement to be recognized. AIPs are entitled to spousal support, property division, and inheritance, similar to married spouses. However, there are some differences, such as the lack of dower rights for common-law partners. To ensure their rights are protected, common-law partners in Alberta may need to prove their relationship status and create a will.
| Characteristics | Values |
|---|---|
| Legal recognition | Common-law relationships are legally recognised as Adult Interdependent Relationships (AIRs) or Adult Interdependent Partners (AIPs) |
| Requirements | To be recognised as an AIP, a couple must have lived together for three years, have a child together, or sign an agreement |
| Property rights | AIPs have similar property rights to married couples, including the right to property division and insurance benefits |
| Inheritance rights | AIPs have the same inheritance rights as married couples, except for dower rights |
| Spousal support | AIPs can claim spousal support under the Family Law Act |
| Child support | AIPs have the same rights to child support as married couples |
| Administration of estates | AIPs can apply to court for the administration of an estate under the Estate Administration Act |
| Taxation benefits | AIPs are entitled to similar taxation benefits as married couples |
| Protection | AIPs are protected by certain rights and are entitled to associated benefits |
| Cohabitation agreement | AIPs can enter into a cohabitation agreement to set out their rights and obligations |
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What You'll Learn
Rights during separation
In Alberta, common-law relationships are referred to as Adult Interdependent Relationships (AIRs). AIRs are defined by the Adult Interdependent Relationships Act, which outlines the criteria for a relationship to be classified as such. To be recognised as an AIR, a couple must meet at least one of the following criteria:
- They have lived together for three or more years.
- They have lived together with some level of permanence, such as having a child together.
- They have entered into a formal and valid Adult Interdependent Partner (AIP) agreement.
The rights of AIRs during separation are outlined in several acts, including the Family Law Act, the Wills and Succession Act, and the Family Property Act. Here are the key rights during separation for AIRs in Alberta:
Property Division
During a separation, each partner in an AIR typically keeps the property they brought into the relationship, as well as any personal property, gifts, and inheritances. The remaining property is then divided fairly, based on the situation of each partner and the type of property. This division of property is similar to that of a married couple in Alberta.
Spousal Support
An AIP can bring a claim for spousal support under the Family Law Act. This spousal support is intended to provide financial assistance to the dependent partner and is based on factors such as the length of the relationship and the financial needs of each partner.
Child Support and Custody
The laws relating to child support and child custody are the same for married couples and AIRs in Alberta. Both parents have a legal obligation to support their children financially, regardless of their relationship status.
Insurance Benefits
AIRs may be entitled to insurance benefits, such as the Assured Income for Severely Handicapped (AISH) benefit. These benefits can provide important financial support during a separation.
Inheritance
Under the Wills and Succession Act, an AIP is considered a dependent and has the right to inheritance, similar to a married spouse. However, it is important to note that dower rights, which give a surviving spouse the right to live in the family home for the rest of their life, only apply to married couples.
It is always recommended to seek legal advice to understand your specific rights and entitlements during a separation, as each situation is unique.
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Rights after a partner's death
In Alberta, common-law relationships are referred to as Adult Interdependent Relationships (AIRs). For a relationship to be recognised as an AIR, it must meet certain criteria, including living together for three or more years, living together with some level of permanence, such as having a child together, or signing an Adult Interdependent Partner (AIP) agreement.
In the context of a partner's death, common-law partners who qualify as AIRs are generally entitled to the same rights as a married spouse. This includes spousal support, property division, and inheritance. However, it is important to note that common-law partners do not have dower rights, which means they do not have a lifelong interest in the home they shared with their deceased partner.
To ensure that your rights are protected in the event of your partner's death, it is advisable to create a will that names your common-law partner as a beneficiary. This will help ensure that your estate is distributed according to your wishes and can reduce potential stress for your loved ones.
Additionally, common-law partners may consider entering into a cohabitation agreement that outlines their rights and obligations towards each other. This can help provide clarity and protection for both partners in the event of a partner's death.
It is always recommended to seek legal advice to understand your specific rights and entitlements, as each situation is unique and may have nuanced considerations.
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Property rights
In Alberta, common-law relationships are referred to as Adult Interdependent Relationships (AIRs) or Adult Interdependent Partnerships (AIPs). AIPs are defined by the Adult Interdependent Relationships Act and require living together for three years, having a child, or signing an agreement to be recognized. Notably, AIPs do not need to be romantic, as platonic relationships and family members can qualify.
In terms of property rights, AIPs in Alberta are generally entitled to similar rights as married couples. This includes property division, which is covered by Alberta's Family Property Act. This Act ensures that people in a common-law relationship have the same legal rights and protections as a married person.
- Each partner typically retains the property they brought into the relationship, as well as any personal property acquired during the relationship, such as gifts, inheritances, insurable payouts, or court awards.
- The remaining property is divided fairly, considering each partner's situation and the type of property.
- AIPs can enter into a cohabitation agreement that outlines how property will be divided in the event of a separation.
- AIPs have the right to use the home after a partner passes away, but they do not have dower rights, which are exclusive to married couples.
- AIPs may also have rights to insurance and taxation benefits.
- It is important to note that without a formal AIP agreement, individuals may need to prove their common-law status to access these rights.
It is always recommended to seek legal advice to understand the specific rights and entitlements in a particular situation. Additionally, creating a will is crucial to ensuring that your wishes are carried out and that your common-law partner is protected in the event of your death.
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Adult Interdependent Relationships
In Alberta, a common-law relationship is referred to as an Adult Interdependent Relationship (AIR). This term is used to describe a relationship where two people live together like a married couple but without a marriage certificate.
To be recognised as an AIR, a couple must meet at least one of the following criteria:
- They have lived together for three or more years.
- They have lived together with some level of permanence, such as having a child together.
- They have made a formal and valid Adult Interdependent Partner agreement together.
Partners recognised as being in an AIR are entitled to similar rights and protections as a married couple. This includes spousal support, property division, and inheritance.
Under the Wills and Succession Act, an AIR is considered a dependent and has the right to the same inheritance as a spouse upon the death of their partner. However, it is important to note that dower rights, which give a surviving spouse the right to live in the home they shared with their deceased partner for the rest of their life, only apply to married couples.
In terms of property division, each partner in an AIR generally keeps the property they brought into the relationship, as well as any personal property such as gifts, and the rest of the property is divided fairly based on the situation of each partner and the type of property.
It is important to note that the rights and responsibilities of AIRs may vary depending on the specific circumstances of each couple, and it is always best to seek legal advice to understand the specific rights and entitlements in a particular situation.
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Child support and custody
In Alberta, common-law spouses are formally known as "adult interdependent partners" as per the Adult Interdependent Relationships Act. This act defines a relationship of interdependence as a relationship where two people share their lives, are emotionally committed to one another, and function as an economic and domestic unit.
Child Support
If common-law spouses have children together, they can apply for child support under Alberta's Family Law Act. Child support orders can be changed or varied prospectively or retrospectically by applying to a court when there is a change in circumstances or new evidence. Child support ends when the child reaches the age of majority (18) and is no longer a full-time student, or when the child turns 22.
Custody
In Alberta, the term custody is used in the context of married spouses, referring to decision-making responsibilities and legal authority over a child's upbringing and care. For common-law spouses, the term parenting time is used to describe the amount of time a child spends in each parent's care after separation. If guardians agree on how to exercise their powers of guardianship after separation, they may continue to do so without a parenting order. However, if a disagreement arises, either guardian may apply for a parenting order, which can include a breakdown of parenting time and specific parenting responsibilities.
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Frequently asked questions
In Alberta, a common-law spouse is referred to as an Adult Interdependent Partner (AIP). An AIP is a couple that has lived together for three or more years, with some level of permanence, such as having a child together.
Common-law spouses in Alberta have similar rights to married couples. These include spousal support, property division, and inheritance rights. However, there are some differences, such as the lack of dower rights for common-law partners.
Property division in Alberta is governed by the Family Property Act, which applies to both married couples and common-law spouses. Each partner keeps the property they brought into the relationship, and the rest is divided fairly based on each partner's situation and the type of property.
Yes, under the Wills and Succession Act, a common-law spouse has the same inheritance rights as a married spouse when there is no will. However, if there is a will, the spouse can only inherit if they are named as a beneficiary.
To protect their rights, a common-law spouse can enter into a cohabitation agreement with their partner. This agreement sets out how property will be divided and how support will be provided if the relationship ends. Additionally, creating a will can ensure that the common-law spouse inherits according to the deceased partner's wishes.
