Keith Mack
In Alberta, Canada, a couple is considered to be in a common-law relationship if they have lived together for three or more years, have lived together with some degree of permanence and have a child together, or have entered into an Adult Interdependent Partner agreement. The term Adult Interdependent Relationship (AIR) is now used in Alberta law instead of common-law to describe a marriage-like relationship without a marriage certificate. AIRs can include platonic relationships and relatives, as long as they are not compensated caregivers or blood relatives without a formal agreement. AIRs have similar rights to married couples, including property division, insurance, taxation benefits, inheritance rights, and spousal support.
| Characteristics | Values |
|---|---|
| Term | Common-law relationships are now referred to as "Adult Interdependent Relationships" or "Adult Interdependent Partnerships" (AIP) |
| Legal Recognition | Adult Interdependent Relationships receive similar legal recognition to that of married spouses |
| Requirements | To be considered an AIP, a couple must have lived together for at least three years, have lived together with some degree of permanence and have a child together, or have entered into an Adult Interdependent Partner Agreement |
| Nature of Relationship | The relationship does not need to be romantic or conjugal to qualify as an AIP. Relatives and platonic friends can also qualify under certain circumstances |
| Property Division | AIPs have the same property division rules and protections as married spouses. Each partner keeps the property they brought into the relationship, but debt and property obtained as a couple are typically split equally |
| Inheritance | AIPs have inheritance rights similar to those of married couples. If a partner passes away without a will, the surviving partner inherits from the deceased's estate according to Alberta's estate laws |
| Age Requirement | AIPs must be at least 16 years old, while legally married couples must be at least 18 or have written consent from a legal guardian if they are between 16 and 18 |
| Termination | AIPs can be terminated by getting married, signing an agreement to end the partnership, or through declarations of irreconcilability |
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What You'll Learn
Common-law vs. Adult Interdependent Partnership (AIP)
In Alberta, Canada, the term 'common-law spouse' has been replaced by the term 'adult interdependent partner' (AIP) in the legislation. The Adult Interdependent Relationships Act (AIRA) was enacted in 2003 to give people in non-marriage relationships some of the rights, benefits, and responsibilities akin to those of a marriage.
Common-Law Relationships
Common-law relationships are easier to prove if they are romantic in nature. Caretakers don't qualify as common-law partners as they are compensated to live with their charges. For related individuals by blood or adoption, the only way to become adult interdependent partners is to sign a formal Adult Interdependent Partner agreement.
Adult Interdependent Partnership (AIP)
AIPs are granted certain rights and responsibilities similar to those of married couples. They can make personal decisions for their partner in situations like medical emergencies. AIPs are also entitled to financial support from their partner, especially in cases of separation or death.
Establishing Common-Law vs. AIP
The federal government can deem a couple as living common-law for immigration sponsorship and tax purposes after residing together for 12 months. However, this does not apply to provincially governed matters in Alberta, such as property division. To establish an AIP in Alberta, one of the following criteria must be met:
- Cohabitation in a "Relationship of Interdependence" for at least three years
- Cohabitation with some level of permanence, such as having a child together
- Entering into a formal Adult Interdependent Partnership agreement
Property Division
Starting on January 1, 2020, the Family Property Act allows AIPs to make property division claims within two years from the date the applicant knew the relationship ended. AIPs have the same property division rules and protections as married spouses.
In summary, while common-law relationships and AIPs in Alberta share some similarities, they differ in terms of legal recognition, rights, and obligations. AIPs have clearer legal definitions and protections, especially with regard to property division upon separation.
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Rights and responsibilities of AIPs
In Alberta, Canada, the term "common-law relationship" is no longer used in legal contexts. Instead, the term “adult interdependent relationship” (AIR) is used to describe a relationship where two people live together like in a marriage but without a marriage certificate. Those in such a relationship are known as adult interdependent partners (AIPs).
To be considered an AIP in Alberta, one of three criteria must be met:
- The individuals have lived together for three or more years.
- The individuals have lived together with some level of permanence, such as having a child together.
- The individuals have signed an adult interdependent partner agreement.
AIPs have similar rights and responsibilities to married couples in Alberta. 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 their partner's death. However, it is important to note that dower rights only apply to married couples.
In terms of property rights, AIPs have historically been treated differently from married couples. Upon the breakdown of an AIP, each person generally leaves the relationship with what they came in with, and any shared property will need to be divided or sold. However, legislative changes that came into effect in January 2020 granted property rights to AIPs equivalent to those of married couples.
Additionally, AIPs may have access to rights and remedies under Part 3 of the Family Law Act and Part 3 of the Wills and Successions Act. These parts of the legislation deal with common-law child support and AIP spousal support rights, respectively. It is important to note that while support may be claimed, it is not guaranteed.
Other rights and responsibilities of AIPs include:
- The right to claim support for themselves and their children, similar to married couples.
- The right to assert a claim over property owned by their ex-partner if they can prove that their ex-partner was unjustly enriched by the relationship.
- The responsibility to share joint property and debts evenly upon the breakdown of the relationship.
- The right to independent legal advice regarding their rights and obligations.
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Property division between interdependent partners
In Alberta, Canada, the term "common-law relationship" is not used in family law. Instead, the term "adult interdependent relationship" (AIR) is used to describe a relationship where two people live together like a married couple but without a marriage certificate. Adult interdependent partners (AIPs) are defined in Alberta's Adult Interdependent Relationships Act as two people who live together in a relationship of interdependence. This can include minors, relatives, and platonic friends under the right circumstances.
The Family Property Act, which came into effect on January 1, 2020, governs the division of property upon separation for married couples and AIPs in Alberta. The Act ensures that AIPs have the same property division rules and protections as married spouses. Under the Act, AIPs have two years from the date they knew or should have known their relationship ended to make a claim for property division.
There are certain exemptions to the division process that individuals should be aware of. Generally, each partner keeps the property they brought into the relationship, as well as gifts, inheritances, insurable payouts, or court awards received during the relationship. The increase in value of excluded assets, however, is considered divisible property. On the other hand, debt and property obtained as a couple during the relationship tend to be split equally.
Parties in an AIR can enter into agreements, such as prenuptial or cohabitation agreements, to determine how their property will be divided in the event of a separation. Consulting with a knowledgeable family lawyer can provide guidance and assistance in navigating property division issues and reaching a fair resolution.
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Ending an Adult Interdependent Relationship
An adult interdependent relationship (AIR) is a type of unmarried relationship unique to Alberta, Canada. It can be between two people who share each other's lives, are emotionally committed to one another, and share a home and finances. It does not have to be a romantic or sexual relationship. The term "adult interdependent partner" (AIP) has replaced the term "common-law spouse" in Alberta legislation.
AIPs are entitled to similar rights and benefits as married couples, including property rights, insurance coverage, and immigration benefits. However, there are some key differences, such as the minimum age to enter an AIP and the inability to change surnames.
To end an AIP, there is no requirement for a divorce, which simplifies the process. An AIP can be terminated in the following ways:
- The AIPs enter into a written agreement declaring their intention to live separately and permanently apart, with no plans for reconciliation.
- The AIPs live separately and apart for more than one year, with at least one of them intending for the relationship to end.
- One or both partners obtain a declaration of irreconcilability under the Alberta Family Law Act.
- One of the AIPs marries someone else.
It is important to note that even after an AIP ends, certain rights and obligations may continue, such as spousal support and property division. Former AIPs can apply for spousal/partner support within two years of the relationship ending, and assets and debts are divided according to the Alberta Family Property Act.
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Proving a common-law relationship
In Alberta, Canada, a common-law relationship is legally referred to as an "adult interdependent relationship". This term is used to describe a couple that lives together in a relationship resembling marriage but without a marriage certificate. To be recognised as adult interdependent partners, or AIP, couples must meet at least one of the following criteria:
- Both individuals have lived together for three or more years
- Both individuals have lived together with some level of permanence, such as having a child together
- Both individuals have signed an Adult Interdependent Partner Agreement
The Adult Interdependent Relationships Act states that all aspects of a relationship will be considered to determine its nature. Some of the factors that may be considered include:
- Whether the relationship is exclusive
- How the couple handles living arrangements and household responsibilities
- Whether the couple presents themselves to others as an economic and domestic unit
- Whether the couple has entered an Adult Interdependent Partner Agreement
- Whether the partners have made provisions for each other in their wills
- Whether the couple has made financial contributions to each other for their well-being, such as using joint bank accounts or providing health benefits
- Whether the partners are financially dependent on each other
- Whether the couple has, cares for, and supports any children
To prove an adult interdependent relationship, documentation showing shared ownership of residential property, joint leases/rental agreements, and shared utility accounts can be useful. An Adult Interdependent Partner Agreement signed by both partners is also a convenient way to prove AIP status. This agreement should include a statement showing that both partners understand their rights and obligations under Alberta law, declarations stating that they are at least 16 years old, unmarried, and have no other adult interdependent partnerships, and a clause that makes the agreement void if the relationship ends.
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Frequently asked questions
A common-law relationship in Alberta, Canada, is now referred to as an Adult Interdependent Relationship (AIR). This term has been used instead of "common-law" since 2003.
A relationship is considered common-law in Alberta when one of the following circumstances is true:
- The two individuals have lived together for three or more years.
- The two individuals have lived together with some degree of permanence and have a child together.
- The two individuals have entered into an Adult Interdependent Partnership agreement.
Common-law partners in Alberta, or Adult Interdependent Partners, have similar rights to married couples. These include rights relating to property division, insurance, taxation benefits, inheritance, and the right to use the home after a partner passes away.
The easiest way to prove a common-law relationship in Alberta is with an Adult Interdependent Partner agreement signed by both partners. This agreement outlines the rights and obligations of each partner under Alberta law. However, a relationship can also be considered common-law without a formal agreement if certain criteria are met, such as living together for three years or more, or living together with some degree of permanence and having a child together.
There are a few ways to end a common-law relationship in Alberta, including getting married, signing an agreement stating that the partners are no longer interdependent, or in some cases, making a declaration of irreconcilability.
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