Kara Sears
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: living together for three years or more, living together with a child, or signing an Adult Interdependent Partner Agreement (AIPA). While the term common law is often used to describe an unmarried couple living together, Alberta's legal system favours the term AIR. This unique relationship status grants partners similar legal rights and protections as married couples, including property division, inheritance, and decision-making. The length of time required to establish a common-law relationship varies across Canada, ranging from one to three years, with some provinces also considering the presence of a child in the relationship.
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What You'll Learn
Common-law separation
In Alberta, a couple is considered to be in a common-law relationship, or an "Adult Interdependent Relationship" (AIR or AIP), if they meet any of the following criteria: they have lived together for three years or more; they live together and have a child together, either by birth or adoption, regardless of the duration of cohabitation; or they have signed an Adult Interdependent Partner Agreement (AIPA). This agreement does not require three years of cohabitation and can be entered into by minors, relatives, and platonic friends under the right circumstances.
The term "common-law" is no longer used in Alberta's legal system, and the correct term for a common-law partner is now an "Adult Interdependent Partner". However, the term "common-law" is still used colloquially to describe an unmarried couple that lives together, with or without children.
When it comes to common-law separation in Alberta, the process can be complex, and it is important to understand the legal obligations and rights that are similar to those of married couples. These include the division of property, finances, partner support, child support, and parenting matters.
In Alberta, you are considered legally separated when either you or your partner expresses a clear intention to end the relationship, and you begin living "separate and apart". This does not necessarily mean that one of you has to move out, as living under the same roof while leading separate lives can still count as separation as long as there is no reasonable chance of reconciliation.
If you separated after January 1, 2020, and are eligible to be considered as 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. Each partner must exchange financial disclosures to ensure all assets and debts are accurately disclosed, and then the fair and equitable division of those assets and debts can be discussed.
It is important to note that property acquired in a common-law relationship is generally considered shared property and is subject to equal division upon separation. This includes assets and property obtained during the relationship, such as jointly owned homes, bank accounts, investments, pensions, and vehicles. However, there are some exemptions, such as inheritances, personal injury settlements, and pre-cohab assets, which are typically exempt from division unless they have been commingled into family property.
To protect your rights and interests during a common-law separation in Alberta, it is recommended to seek legal counsel from a lawyer specializing in family law or common-law separation. They can provide you with the necessary support and guidance during this challenging time.
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Adult Interdependent Relationship
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:
- Living Together for Three Years or More: You and your partner have lived together continuously in a relationship of interdependence for at least three years. This involves relying on each other for support, which can include sharing finances, household responsibilities, living arrangements, or caregiving duties.
- Living Together with a Child: You and your partner live together and have a child together, either by birth or adoption, regardless of the duration of cohabitation. This option indicates some degree of permanence in the relationship.
- Signing an Adult Interdependent Partner Agreement (AIPA): You and your partner have signed a legal agreement formally recognizing their relationship as an Adult Interdependent Relationship. This option does not require three years of cohabitation and can be entered into by minors under specific circumstances.
The Adult Interdependent Relationships Act (AIRA) of 2003, also referred to as the Adult Interdependent Partner Act, codifies the rights and responsibilities of common-law relationships in Alberta. This act ensures that people in AIRs have similar legal rights and protections as married individuals, including property division rules, inheritance rights, and decision-making authority.
It is important to note that the term "common law" is not used in Alberta's legal system. Instead, the province uses the term "Adult Interdependent Relationship" or "Adult Interdependent Partnership" (AIP) to refer to these relationships.
Since January 1, 2020, with the transition from the Matrimonial Property Act to the Family Property Act, the division of property for AIRs in Alberta is governed by the latter. This act provides AIR partners with similar rights to married couples regarding property division, finances, partner support, child support, and parenting matters.
When it comes to separation, a relationship legally ends when the partners cease living together in an interdependent relationship, marry someone else, or sign an agreement to end their AIR. Seeking legal counsel during this process can help protect the rights and interests of both parties.
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Property division
In Alberta, the term "common-law relationship" is not legally defined, and there is no specific length of time that determines when a couple is considered common-law. Instead, the province recognizes "adult interdependent relationships," which are defined by the Adult Interdependent Relationships Act. This legislation outlines that a couple can be considered in an adult interdependent relationship if they have lived together in a relationship of some permanence and are financially interdependent. There is no specified timeframe for how long a couple must live together to be considered financially interdependent. However, it is generally interpreted as a relationship that resembles marriage in terms of commitment and mutual support.
Now, regarding property division for common-law couples in Alberta:
When it comes to property division, common-law partners in Alberta do not have the same legal rights and obligations as married spouses. Unlike married couples, who are governed by provincial legislation (such as the Family Property Act), common-law partners do not have automatic rights to each other's property or assets. This means that if a common-law relationship ends, the division of property can become complex and may not always result in an equal split.
In Alberta, property division for common-law partners is based on the principles of trust law and the specific circumstances of the relationship. This includes contributions, both financial and non-financial, made by each partner during the relationship. Generally, property acquired by one partner before the relationship began is considered separate property and is typically excluded from division. However, if the other partner has made significant contributions to the maintenance or improvement of that separate property, they may have a claim to a portion of its value.
During the relationship, any property acquired jointly or in either partner's name is usually considered relationship or jointly-owned property. This includes the family home, investments, vehicles, and other assets. When the relationship ends, these assets are typically divided based on the contributions of each partner. It's important to note that contributions are not solely financial; they can also include non-financial contributions such as caring for children, maintaining the home, or supporting the other partner's career or education. These non-financial contributions are often given equal weight to financial contributions when determining a fair division of property.
If the common-law partners have children together, the property division process may also take into account the best interests of the children and their needs. This could include ensuring the primary caregiver has adequate housing and resources to support the children's well-being. In some cases, a common-law partner may need to apply for a court order to establish their rights and ensure a fair division of property. This is especially true if there is significant disagreement between the partners or if one partner has been unjustly enriched at the expense of the other.
It's always advisable for common-law partners in Alberta to consider entering into a cohabitation agreement. This type of legal agreement outlines each partner's rights and obligations regarding property, assets, and support in the event of a relationship breakdown. A cohabitation agreement can provide clarity and peace of mind, ensuring that both partners are treated fairly and equitably should their relationship end.
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Inheritance rights
In Alberta, a common-law relationship is generally recognized when a couple has lived together for a continuous period of three years or more. This period establishes a sort of threshold, after which, these couples may enjoy certain legal protections and entitlements akin to those of married spouses. One key area where common-law partners may have rights is in inheritance, particularly when their partner passes away without a will, a situation legally termed as dying "intestate." Here's an overview of the inheritance rights of common-law partners in Alberta:
When a person dies without a will in Alberta, their assets are distributed according to the province's Wills and Succession Act. This act provides some protections for surviving common-law partners, recognizing their relationship as valid and entitling them to a share of the estate. The specific inheritance rights of a common-law partner will depend on a few factors, including the length of their relationship and whether there are competing claims from other relatives:
- If the deceased has no children or descendants: In this case, the surviving common-law partner is usually entitled to the entirety of the estate, similar to how a married spouse would inherit.
- If the deceased has children: The inheritance becomes a bit more complex. The surviving common-law partner is entitled to a preferred share of the estate, which is currently set at $150,000, as well as half of the remaining balance. The other half is divided equally among the deceased's children.
- Claims from parents or siblings: In cases where the deceased has no children and their parents or siblings are still alive, the inheritance for the common-law partner may be reduced. The partner would receive the first $150,000 of the estate, but the remaining balance would be divided, with half going to the partner and the other half to the parents or siblings.
It's important to note that these inheritance rights are not automatic, and common-law partners may need to take legal action to assert their claims, especially if there are disputes or challenges from other potential beneficiaries. Additionally, these laws may change over time, so it's always advisable to consult with a legal professional for up-to-date information and personalized advice.
While common-law partners in Alberta do have inheritance rights, the best way to ensure your wishes are carried out exactly as you intend is to create a will. A will allows you to explicitly outline how you want your estate distributed, providing clarity and peace of mind for your loved ones. Both married spouses and common-law partners should consider drafting wills, especially if they want to leave assets to each other or make specific bequests.
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Legal separation
In Alberta, a couple is considered to be in a common-law relationship, or an Adult Interdependent Relationship, if they meet one of the following criteria: 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; or they have lived together for three years or more.
When it comes to legal separation in Alberta, a couple is considered legally separated when either party expresses a clear intention to end the relationship and they begin living "separate and apart". This does not necessarily mean that one party has to move out, as living under the same roof while leading separate lives can still count as separation, as long as there is no chance of reconciliation.
It is important to note that in Alberta, divorce is based on the "breakdown of the marriage", which is most commonly proven by living apart for at least one year. During this one-year period, the couple can prepare for divorce, but they must wait until the year is over before filing. Seeking legal counsel is recommended at this early stage to help determine the grounds for divorce and guide the proceedings.
When initiating the process of legal separation, there are several legal obligations to consider, including the division of property, finances, partner support, child support, and parenting matters. A separation agreement can be an effective and inexpensive way to settle these matters, but it must meet certain legal requirements, such as being in writing, signed by both parties, and witnessed. If the agreement involves the division of property, each spouse must obtain a Certificate of Independent Legal Advice for it to be enforceable in Alberta.
To save time and legal fees, it is advisable to organise financial documentation and ensure proper dating of paperwork. A statement of assets and debts from the past three years should be compiled to track and verify their existence. If there are dependent children involved, proof of income for both spouses will be required to determine child support payments. Once the grounds for divorce are determined and the paperwork is prepared, the process can be started by filing a Statement of Claim at the Court of the Queen's Bench.
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Frequently asked questions
In Alberta, a couple is considered to be in a common-law relationship, or an Adult Interdependent Relationship (AIR), if they meet one of the following criteria: they have lived together for three years or more, they have a child together, or they sign an Adult Interdependent Partner Agreement.
Couples in a common-law relationship in Alberta have similar rights to married couples when it comes to property, inheritance, and decision-making. Since 2020, the Family Property Act has extended the same property division rules to common-law partners as those applied to married spouses.
To prove a common-law relationship in Alberta, you need to demonstrate 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, having a child together, or signing an Adult Interdependent Partner Agreement. Supporting evidence typically includes documents showing shared finances, such as joint bank accounts, mortgages, or utility bills, and proof of shared living arrangements, such as lease agreements or property ownership documents.
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