Kara Sears
In Alberta, common-law relationships are recognised as Adult Interdependent Partnerships (AIPs) and have been since 2003. AIPs are defined as relationships where two people live together like in a marriage but without a marriage certificate. AIPs can be between any two people who are emotionally and financially interdependent, regardless of whether their relationship includes a romantic or sexual component. This can include close friends, as well as certain family members, as long as they meet the criteria for cohabitation and interdependence. To be recognised as an AIP, a couple must have lived together for three years, have a child, or sign an agreement. AIPs have similar rights to married couples, including property division, insurance, taxation benefits, and inheritance rights. However, there are some differences, such as the lack of automatic right to property division when an AIP relationship ends, and the fact that common-law partners do not have dower rights.
| Characteristics | Values |
|---|---|
| Recognition | Common-law relationships are recognised as Adult Interdependent Partnerships (AIPs) in Alberta |
| AIP Requirements | To be recognised as an AIP, a couple must have lived together for at least three years, have a child together, or sign an agreement |
| AIP Relationship Type | The relationship can be sexual or platonic, and the partners do not necessarily have to live together |
| Legal Rights | AIPs have similar rights to married couples, including property division, insurance, taxation benefits, inheritance rights, and spousal and child support |
| Property Division | Property is divided similarly to married couples, but there is no automatic right to property division upon separation |
| Inheritance | AIPs have inheritance rights, especially if there is no will, but they do not have dower rights |
| Support Claims | AIPs can claim spousal support under the Family Law Act, but support is not guaranteed and is based on specific factors |
| Documentation | Utility bills, lease agreements, joint bank account statements, and affidavits from friends or family can help prove a common-law relationship |
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Inheritance rights
In Alberta, common-law relationships are referred to as "Adult Interdependent Partnerships" (AIPs). These partnerships can be between two people who are emotionally and financially interdependent, regardless of whether their relationship includes a romantic or sexual component.
To be recognised as an AIP, a couple must meet at least one of the following criteria:
- Living together for three or more years
- Having a child together
- Signing an Adult Interdependent Partner Agreement
AIPs have inheritance rights in Alberta. If a partner passes away without a will, and the relationship is recognised as an AIP, the surviving partner can inherit from the deceased's estate. However, this right to inherit is not guaranteed and may depend on various factors, including whether the surviving partner is named in the will.
The Wills and Succession Act outlines the distribution of estates in the absence of a will and gives the surviving AIP partner the potential ability to inherit. The Act also states that if the surviving partner is not on the title of the family home, they have a right to stay there for 90 days after their partner's death, with the estate covering mortgage payments or rental costs during this time.
The Family Property Act, which covers property division for both married and common-law couples, also comes into play when determining inheritance rights. Under this Act, property may be subject to equal division, but there are categories of property that are exempt, such as property acquired through an inheritance.
Overall, while AIPs in Alberta do have inheritance rights, the specifics can vary depending on the circumstances, and it is always recommended to seek legal guidance to understand the nuances of the law.
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Property division
In Alberta, a common-law relationship is called an "Adult Interdependent Partnership" (AIP). Couples qualify as an AIP if they live together for three years, have a child, or sign an Adult Interdependent Partner agreement.
AIPs have similar rights to married couples regarding property division, insurance, taxation benefits, and inheritance rights. However, unmarried couples have no statutory property rights, and the property rights and obligations of unmarried couples are dictated by the same rules that apply to other non-romantic relationships where unjust enrichment claims arise.
The Family Property Act, which came into force on January 1, 2020, allows adult interdependent partners to make a claim for property division within two years from the date the applicant knew the relationship had ended or should have known that it had ended. Under this Act, any property owned by the parties, whether jointly or solely owned by one of the parties, may be subject to equal division. There are also property categories exempt from division, such as property acquired through an inheritance.
The exact property division for AIP couples is decided case by case. Each partner keeps the property they brought into the relationship, and some of the things they acquired during the relationship (like gifts, inheritances, insurable payouts, or court awards). In most cases, they get to keep the value of that property as of the date it was received. From there, things get more complicated. For instance, the increase in value of property brought into a relationship might be divided unequally. In contrast, debt and property obtained as a couple during the relationship tend to be split equally.
It is important to note that if common-law partners do not want their property divided under the Family Property Act, they can enter into an agreement to specify how their property will be divided. These informal agreements may not be upheld or given much weight if they are an agreement to completely give up property rights without consulting a lawyer.
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Child support
In Alberta, child support is considered a right of the child, and both parents are required to provide financial support. The amount of child support is calculated using the Alberta Child Support Guidelines, which take into account factors such as the income of both parents and the number of children. These guidelines aim to standardise the process of calculating child support across the province, regardless of the nature of the parents' relationship.
If common-law partners separate and share children, they will still have certain responsibilities, including providing financial support for their children. In Alberta, child support for common-law couples, formally known as "adult interdependent partners" (AIPs), is determined in the same way as for married couples. This means that the income of both partners and the number of children are considered when calculating the amount of support.
To be recognised as AIPs, couples must meet one of three criteria: they must have cohabited in a relationship of interdependence for at least three years; they must have cohabited in a relationship of interdependence with some sense of permanence and share a child by birth or adoption; or they must have entered into a formal Adult Interdependent Partnership agreement.
In the case of a separation, common-law partners have rights to child support, and the specifics of this support can be determined in advance through a cohabitation agreement. It is important to note that parenting rights and responsibilities are treated similarly to those in a marriage, with the best interests of the child as a priority.
Additionally, the Family Law Act outlines the factors that a court considers when an AIP makes a support application. The Act includes rules for determining adult interdependent partner and spousal support, and it applies to non-divorce situations, such as determining parentage and making parenting orders when guardians live apart but cannot agree on their respective responsibilities.
The Alberta Child Support Guidelines were amended in July 2009, and further changes were made to the rules for support for adult children in December 2018. Under the new rules, children aged 18 or older are eligible for child support if they are unable to obtain the necessities of life due to illness, disability, being a full-time student, or other reasons. There is no age cap specified in the updated rules.
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Spousal support
In Alberta, spousal support is not an automatic right for common-law partners. However, common-law partners can apply for spousal support under Alberta's Family Law Act if they meet certain requirements. These requirements include having children together and living in a marriage-like relationship, or not having children but having lived together in a marriage-like relationship continuously for at least three years.
Even if these requirements are met, spousal support is not guaranteed. The court will consider various factors when deciding whether to grant spousal support, including the conditions, means, needs, and circumstances of each party. The extent to which the partner receiving support contributed to household expenses and increased the payor's ability to provide support will also be taken into account. Child support obligations take priority over spousal support, and if child support is later reduced or terminated, there may be grounds to increase spousal support through a variation order.
In Alberta, common-law relationships are referred to as Adult Interdependent Relationships (AIRs) or Adult Interdependent Partnerships (AIPs). These relationships are defined by specific criteria, including living together in a relationship of interdependence for at least three years or having a child together. By meeting these criteria, common-law partners can access similar rights to married couples regarding spousal support, property division, and inheritance.
The Family Property Act, which came into force on January 1, 2020, affords Adult Interdependent Partners similar rights as married parties in the division of property. This Act ensures that property is divided on an equal basis, although there may be exemptions and other factors to consider.
It is important to note that each situation is unique, and seeking legal advice is recommended to understand one's rights and obligations in a common-law relationship in Alberta.
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Legal recognition
In Alberta, a common-law relationship is called an Adult Interdependent Relationship (AIR) or Adult Interdependent Partnership (AIP). These terms refer to relationships where two people live together like a married couple but without a marriage certificate.
To be recognised as an AIP, 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 signed an adult interdependent partner agreement.
The rights of an AIP are outlined in several acts, including the Family Law Act, the Wills and Succession Act, and the Adult Interdependent Relationships Act (AIRA). These rights include:
- Property division: Property is divided similarly to how it would be for a married couple.
- Insurance and taxation benefits.
- Inheritance rights: If a partner passes away with no will, the surviving partner can inherit from their estate.
- Spousal and child support: The dependent partner can claim financial support if the relationship ends.
While AIPs have similar rights and protections as married couples, there are some differences. For example, common-law partners do not have 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 lives. Additionally, while married couples automatically receive recognition and protections under the law, AIPs must prove their relationship status. Obtaining documentation such as utility bills, lease agreements, or joint bank account statements can help demonstrate that a couple has been living together in a relationship of interdependence.
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Frequently asked questions
An Adult Interdependent Partnership (AIP) in Alberta is the term used to describe a couple that is not married but lives together and functions as an economic and domestic unit. AIPs require living together for three years, having a child, or signing an agreement to be recognized. AIPs can be platonic and do not need to be romantic or sexual.
Adult Interdependent Partners in Alberta have similar rights to married couples, including property division, insurance, taxation benefits, inheritance rights, and spousal support.
To prove an Adult Interdependent Partnership in Alberta, you can provide documentation such as utility bills, lease agreements, or joint bank account statements that demonstrate cohabitation in a relationship of interdependence. Affidavits from friends or family members can also strengthen your case. The easiest way to prove an Adult Interdependent Partnership is with a signed Adult Interdependent Partner Agreement.
Unlike married couples, there is no automatic right to property division when an Adult Interdependent Partnership ends in Alberta. Each party keeps what they own, and joint property is shared equally. If one partner is not satisfied, they can apply to the court on the grounds of unjust enrichment.
