Cecily Zamora
In Alberta, common law refers to couples who are not married but live together and function as an economic and domestic unit. These relationships are legally recognised under the Adult Interdependent Relationships Act (AIRA), which uses the term adult interdependent partners (AIPs) instead of common-law partners. AIPs have similar rights to married couples, including property division, inheritance, and decision-making. To qualify as an AIP, couples must live together for three years, have a child, or sign an Adult Interdependent Partner agreement. The division of property for AIPs is governed by the Family Property Act (FPA), which treats property as matrimonial property subject to equal division. Common-law separation in Alberta involves similar legal obligations as married couples, including division of property, finances, partner support, child support, and parenting matters.
| Characteristics | Values |
|---|---|
| Term used in Alberta | Adult Interdependent Relationship |
| Term used in other provinces | Common-law partners |
| Minimum duration of relationship | 3 years |
| Alternative requirements | Having a child together |
| Alternative requirements | Signing an Adult Interdependent Partner Agreement |
| Rights | Similar to married couples for property, inheritance, and decision-making |
| Rights | Spousal support |
| Rights | Child support |
| Rights | Child custody |
| Rights | Claiming inheritance from deceased partner's estate |
| Division of property | Same rules as married couples |
| Division of property | Each partner keeps the property they brought into the relationship |
| Division of property | Joint property and debts are shared evenly |
| Division of property | Increase in value of property brought into the relationship may be split |
| Division of property | No hard and fast rules |
| Division of property | Property acquired before 1 January 2020 is subject to the Unjust Enrichment test |
| Division of property | Property acquired after 1 January 2020 is subject to the Family Property Act |
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What You'll Learn
Common-law relationship criteria
In Alberta, a common-law relationship is referred to as an "Adult Interdependent Relationship" (AIR) or "Adult Interdependent Partnership" (AIP). This term is used instead of "common-law partner" and is legally recognised under the Adult Interdependent Relationships Act (AIRA).
To be considered an AIR, couples must meet at least one of the following criteria:
- Have lived together for three or more years.
- Have lived together with some level of permanence, such as having a child together.
- Have signed an Adult Interdependent Partner Agreement, which is a legal document signed by both parties.
When assessing whether a relationship can be classified as an AIR, judges in Alberta will refer to the Adult Interdependent Relationships Act. The following criteria will be considered:
- Is the relationship exclusive?
- How do the couple handle living arrangements and household responsibilities?
- Does the couple present themselves to others as an economic and domestic unit?
- Have the partners made provisions for each other in their wills?
- Have the partners 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?
- Does the couple have, care for, and support any children?
It is important to note that, in Alberta, common-law relationships do not have a minimum timeframe requirement to make a claim on each other's property. However, there is a maximum of two years from the date of separation to make a claim under the new property division rules.
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Property division rules
In Alberta, common-law relationships are legally recognised under the Adult Interdependent Relationships Act (AIRA), which refers to them as adult interdependent partnerships (AIPs). These relationships are defined by a couple living together in a relationship of interdependence for at least three years or with some permanence, such as having a child together.
The property division rules for common-law relationships in Alberta are governed by the Family Property Act (FPA). This act ensures that people in common-law relationships have similar legal rights and protections as married couples when it comes to property division. Under the FPA, property acquired during a common-law relationship is generally considered shared property and subject to equal division upon separation. This includes assets such as jointly owned homes, bank accounts, investments, pensions, vehicles, and other significant assets acquired during the relationship.
Each partner typically keeps the property they brought into the relationship, as well as gifts, inheritances, insurable payouts, or court awards received during the relationship. However, the increase in value of property brought into the relationship may be subject to division, and joint property and debts are usually shared evenly.
The date of separation and the eligibility requirements for an adult interdependent relationship are crucial factors in determining the applicable property division rules. If the separation occurred after January 1, 2020, and the relationship meets the AIP requirements, the division of property is governed by the FPA. In this case, the property is treated the same as matrimonial property and subject to equitable division.
Prior to the FPA, common-law principles of Constructive Trust and Unjust Enrichment were applied to property division in common-law separations. The Unjust Enrichment test considers each asset separately, and each partner must prove their contribution to the asset and their entitlement to a portion of its value. The Joint Family Venture test, which was applied in some cases before 2020, assessed whether the couple lived in a "marriage-like" manner and provided a financial benefit based on the growth of all assets.
It is important to note that there is no minimum timeframe required to make a claim on property after a common-law separation in Alberta. However, there is a maximum of two years from the date of separation to initiate a claim under the new property division rules. Seeking legal advice is recommended to navigate the complexities of property division in common-law relationships.
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Adult Interdependent Relationship Act
In Alberta, a common-law relationship is known as an "Adult Interdependent Partnership" (AIP) under the Adult Interdependent Relationships Act (AIRA). This act defines the rights and responsibilities of common-law relationships and outlines the criteria for a relationship to be recognised as such.
The Adult Interdependent Relationships Act was enacted in 2002 or 2003 to codify the rights and responsibilities of common-law relationships in Alberta. The act applies to adult interdependent relationships that arose before or after the act came into force. It defines an "adult interdependent relationship" as a relationship between two people who are adult interdependent partners of each other, outside of marriage.
To be recognised as adult interdependent partners, couples must meet certain criteria. Firstly, the relationship must be exclusive, with partners committed solely to each other. Secondly, the couple must live together and handle household responsibilities and living arrangements in a way that demonstrates interdependence. Thirdly, the couple must present themselves to others as an economic and domestic unit, indicating financial interdependence and shared contributions to their mutual well-being. This includes factors such as joint bank accounts, financial support, and caregiving duties. Fourthly, the couple must have formalised their legal obligations, intentions, and responsibilities towards one another, often through an Adult Interdependent Partner Agreement. This agreement is particularly useful for couples who want legal recognition of their relationship without waiting for the three-year cohabitation rule.
Under the Adult Interdependent Relationships Act, adult interdependent partners have similar rights and responsibilities to married couples in Alberta. This includes rights pertaining to property, inheritance, and decision-making. For example, upon the death of one partner, the surviving partner is considered a dependent and has the right to the same inheritance as a spouse under the Wills and Succession Act. Additionally, during the dissolution of a relationship, property division rules apply similarly to married couples, ensuring fairness and security. However, it is important to note that dower rights only apply to married couples.
In conclusion, the Adult Interdependent Relationships Act in Alberta provides legal recognition and protection for couples in common-law relationships. By meeting specific criteria and formalising their partnership, adult interdependent partners can enjoy similar rights and responsibilities as married spouses, including property ownership, inheritance, and spousal support. This act offers flexibility and an alternative path to a committed relationship outside of marriage.
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Common-law separation
In Alberta, common-law separation is governed by the Family Property Act (FPA). Couples in a common-law relationship in Canada have the same legal rights and obligations as a married couple.
If you separated after January 1, 2020, and meet the eligibility requirements for an adult interdependent relationship, the division of property law is the same as for a divorce. The property is treated the same as matrimonial property and is subject to equitable division rules. If you separated before this date, or your relationship does not meet the eligibility requirements, the common-law principles of Constructive Trust and Unjust Enrichment are used.
To be considered a partner in an adult interdependent relationship, parties must have lived together in a relationship of interdependence for a continuous period of at least three years. Alternatively, they must have lived in a relationship of some permanence, such as having a child together, or entered into an adult interdependent relationship agreement.
There is no minimum timeframe to wait after a relationship ends to make a claim. However, there is a maximum of two years from the date of separation to make a claim under the new property division rules.
When assessing whether a relationship can be classified as adult interdependent, judges in Alberta will refer to the Adult Interdependent Relationships Act. The criteria 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, and whether they have made provisions for each other in their wills.
It is important to note that seeking an experienced separation lawyer in Alberta can help reduce the stress of dividing assets and debts and provide support and guidance during this challenging time.
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Rights of common-law spouses
In Alberta, a common-law relationship is called an "Adult Interdependent Partnership" (AIP). This term was codified in the province's 2003 Adult Interdependent Relationships Act (AIRA), which outlines the rights and responsibilities of common-law couples.
To qualify as an AIP, couples 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 signed an Adult Interdependent Partner agreement.
AIPs share similar rights to married couples in areas such as property, inheritance, and decision-making. 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.
Regarding property division, AIPs are subject to the Family Property Act (FPA), which ensures that people in a common-law relationship have the same legal rights and protections as a married person. Generally, each partner keeps the property they brought into the relationship, as well as gifts, inheritances, and other individual acquisitions. However, the increase in value of property brought into the relationship may be divided unequally, and debt and property obtained as a couple are typically split evenly.
In the case of separation or the passing of a partner, common-law couples in Alberta may have certain rights, but these are not always the same as or as clear as those of a married couple. It is recommended to seek legal advice to understand the specific rights and obligations in these situations.
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Frequently asked questions
A common-law relationship in Alberta is a legally recognised relationship between two people who are not married but live together and function as an economic and domestic unit.
In Alberta, common-law relationships are legally referred to as Adult Interdependent Relationships (AIR) or Adult Interdependent Partnerships (AIP). These terms are used instead of "common-law partners" and carry similar rights to married couples.
Common-law partners in Alberta have similar rights to married couples regarding property, inheritance, and decision-making. They are also entitled to spousal support, child custody, and child support.
To prove a common-law relationship in Alberta, there are certain requirements that must be met. Traditionally, partners must have lived together for at least three years or have a child together. Alternatively, partners can sign an Adult Interdependent Partner Agreement to establish their commitment.
