Cameron Miranda
In Alberta, common-law partners who qualify as Adult Interdependent Relationships (AIRs) are entitled to similar rights as married couples, including spousal support, property division, and inheritance. However, there are certain requirements for a relationship to be classified as common-law, and the specific rights and obligations can vary depending on the date of separation and the applicable legislation. Understanding these rights is crucial for ensuring a fair division of assets and responsibilities when a common-law relationship dissolves or a partner passes away.
| Characteristics | Values |
|---|---|
| Relationship status | Common-law partners are considered Adult Interdependent Partners (AIPs) if they have lived together for at least three years or have a child together. |
| Property rights | Common-law partners have the same rights as married couples under the Family Property Act, which came into force on January 1, 2020. Each partner keeps their own property, and joint property is shared equally. |
| Inheritance rights | Under the Wills and Succession Act, a common-law partner has the same inheritance rights as a married partner when their spouse dies without a will. |
| Spousal support | Common-law partners can claim spousal support under the Family Law Act. |
| Child support and custody | Common-law partners have the same rights and responsibilities as married couples regarding child support and custody. |
| Dower rights | Common-law partners do not have dower rights, which are only applicable to married couples. |
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What You'll Learn
Rights when a common-law partner passes away
In Alberta, a common-law relationship is called an "Adult Interdependent Partnership" (AIP). AIPs share similar rights to married couples for property, inheritance, and decision-making.
If you are in a common-law relationship in Alberta and your partner passes away, your rights will depend on whether your relationship meets the requirements to be considered a common-law relationship. To qualify as an AIP, a couple must live together for three years, have a child, or sign an Adult Interdependent Partner agreement.
If you meet the requirements for an AIP, you may be entitled to spousal support, property division, and inheritance in a similar way as a married spouse. 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. The Act also states that if the surviving partner isn't on the title of the family home they live in, they have a right to stay for 90 days starting when the partner dies, with the estate covering the mortgage payments or rental costs.
It's important to note that there are some differences between common-law relationships and marriages in Alberta. For example, dower rights only apply to married couples. Additionally, each situation has its own nuances, so it's recommended to seek legal advice to understand your specific rights and entitlements.
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Property rights
In Alberta, common-law couples are called adult interdependent partners (AIPs). AIPs have similar rights to married couples, including property rights. However, not all relationships are considered adult-interdependent partnerships, as they must meet certain criteria set out in the Adult Interdependent Relationships Act (AIRA).
To qualify as an AIP, couples must live together for three or more years or have lived together with some level of permanence, such as having a child together. It is important to note that having a child in the relationship may negate the three-year requirement, but the couple will still need to demonstrate a period of permanence.
The rights and responsibilities regarding the property of AIPs in Alberta are determined by what is considered "fair" or "equitable". The Family Property Act, which came into force on January 1, 2020, applies to both married couples and AIPs in the province. 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.
If AIPs separate before January 1, 2020, or do not meet the eligibility requirements, the common-law principles of Constructive Trust and Unjust Enrichment are used. Under Unjust Enrichment, each partner must prove their contribution to each asset in question and that there is no reason why they should not receive a portion of the property due to these contributions.
It is important to understand the rights and responsibilities of AIPs in Alberta to ensure a fair division of assets and responsibilities in the event of a relationship breakdown.
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Adult Interdependent Relationship (AIR) status
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 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 (AIP) agreement.
It is important to note that a relationship does not need to be romantic or conjugal to qualify as an AIR. Minors, relatives, and platonic friends can be considered interdependent under the right circumstances.
If a couple qualifies as an AIR, they are entitled to similar rights and protections as a married couple upon separation or the death of a partner. These rights include spousal support, property division, and inheritance. Under the Wills and Succession Act, an AIP is considered a dependent and has the right to the same inheritance as a spouse upon the death of their partner. Additionally, under the Family Law Act, an AIR can bring a claim for spousal support, and child support and custody rights are treated similarly to those in a marriage.
However, there are some differences in rights between common-law and married couples in Alberta. For example, dower rights, which give a surviving spouse the right to live in the family home for the rest of their lives, only apply to married couples. Additionally, the Matrimonial Property Act, which governs property division upon separation, only applies to married couples. Common-law couples must rely on the principles of Constructive Trust and Unjust Enrichment for property division, which can be a lengthy and complex process.
To prove AIR status, documentation such as utility bills, lease agreements, or joint bank account statements can be provided to demonstrate that the couple has been living together in a relationship of interdependence. Affidavits from friends or family members confirming the nature of the relationship can also be helpful. The easiest way to prove AIR status is with an AIP agreement signed by both partners, outlining their rights and obligations towards each other.
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Child support and custody
In Alberta, couples who live together and have children together, whether married or not, are considered joint custodians. If parents separate, legal difficulties may arise involving parenting, child custody, and child support. An unmarried parent with care and control of the child is typically the sole custodian without needing to go to court; this is usually the mother. The court may order otherwise in a child custody case.
An unmarried father may need to prove paternity before claiming parental rights and custody. Without this, the father may not have a say in the child's upbringing. A parenting plan outlines how parents who are not living together will raise children under 18. A clear and concise plan is crucial for a custody agreement and should refer to Alberta's Family Law Act, which promotes the well-being of families and children after separation and simplifies court procedures. The Act also defines the "child's best interests", which should be central to any parenting plan or custody agreement.
Alberta's Adult Interdependent Relationships Act defines a relationship of interdependence as one in which two people share their lives, are emotionally committed, and function as an economic and domestic unit. Common-law spouses can apply for spousal support under the Family Law Act if they have children together and have lived in a marriage-like relationship. Child support payments are not considered taxable income and are neither deductible by the payor nor taxable for the payee.
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Spousal support
In Alberta, spousal support, also known as alimony or maintenance, is the money that one spouse may have to pay to the other for financial support following a separation or divorce. It is not an automatic right, and there are several conditions that must be met for a spouse to be eligible. Firstly, common-law partners can apply for spousal support if they have children together and have lived in a marriage-like relationship. Alternatively, they must not have children but have lived together in a marriage-like relationship continuously for at least three years. Secondly, the spouse must have been disproportionately affected financially by the separation or divorce, be in financial need, and the other spouse must have the ability to pay.
The duration and amount of spousal support are determined by various factors and are often complex calculations. The length of time the spouses lived together and their ages at the time of separation are considered, with spousal support sometimes only being paid for a limited amount of time. Spousal support is usually paid monthly but can also be paid as a lump sum. The money is typically used to compensate a spouse who sacrificed their ability to earn income during the marriage, to care for children, or to support a spouse in financial need due to the breakdown of the marriage.
The Family Law Act of Alberta outlines the factors that a court considers when making a ruling on spousal support. These include whether either partner has a legal obligation to support another person, including children, and if either partner is living with someone else and how this arrangement affects their living expenses and ability to pay support. Additionally, the courts may use the Spousal Support Advisory Guidelines to determine the amount of spousal support, taking into account the gross income of each spouse, their living situation, and any childcare expenses. However, these guidelines are not legally binding, and judges have the discretion to deviate from them.
It is important to note that spousal support agreements can be changed if both spouses consent to the modifications. Any changes to the agreement must reflect a change in circumstances for one or both spouses. Additionally, spousal support can end if the agreement includes a specific date or event upon which support payments will cease.
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Frequently asked questions
A common-law relationship in Alberta is defined as an Adult Interdependent Relationship (AIR). This is a legal designation for two people who live together like in a marriage but without a marriage certificate. To be considered an AIR, the individuals must have lived together for three or more years or have lived together with some level of permanence, such as having a child together.
Common-law spouses in Alberta have similar rights to married couples. These include rights relating to property division, spousal support, child support, insurance, taxation benefits, and inheritance.
To prove common-law status in Alberta, it is helpful to have documentation that demonstrates you have been living together in a relationship of interdependence. This can include utility bills, lease agreements, or joint bank account statements. Affidavits from friends or family members confirming the nature of the relationship can also strengthen your case. Alternatively, you can sign an Adult Interdependent Partner agreement, which is a legal document outlining your relationship.
