Gavin Howe
Alberta has some of the most inclusive and comprehensive laws when it comes to common-law relationships. The term 'common-law' is no longer used in Alberta's law system, and since 2003, such relationships have been referred to as Adult Interdependent Partnerships (AIPs). AIPs are defined by economic and emotional interdependency and can include platonic relationships. AIPs have the same legal rights and protections as married couples, including spousal support, property division, and inheritance.
| Characteristics | Values |
|---|---|
| Term used for common-law relationships in Alberta | Adult Interdependent Relationship or Adult Interdependent Partnership (AIP) |
| Legal recognition of common-law relationships in Alberta | Yes, since 2003 |
| Legal rights of common-law couples in Alberta | Same as married couples, including spousal support, property division, and inheritance |
| Property division rules for common-law couples in Alberta | Based on the Family Property Act, which came into force on January 1, 2020 |
| Definition of common-law relationship in Alberta | Two people living together in a marriage-like relationship without being legally married |
| Time period for common-law relationship to be established | Not explicitly defined, but sources mention living together for at least 12 continuous months |
| Separation requirements for common-law couples in Alberta | Considered legally separated when either partner expresses a clear intention to end the relationship and they live "separate and apart" |
| Taxation for common-law couples in Alberta | Treated as married couples for tax purposes, with similar requirements for filing tax returns |
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What You'll Learn
Common-law separation
In Alberta, a common-law relationship is referred to as an "Adult Interdependent Partnership" (AIP) under the 2003 Adult Interdependent Relationships Act. This act outlines the rights and responsibilities of people in a common-law relationship, including property rights, benefits, and other statutes.
The rights and responsibilities regarding the property of couples in common-law relationships in Alberta are determined by what is considered "fair" or "equitable". This can often lead to confusion, and it is recommended to consult a divorce or common law separation lawyer for guidance. Generally, couples in a common-law relationship in Alberta have the same legal rights and obligations as a married couple, including spousal support, property division, and inheritance.
When it comes to common-law separation, there are several factors to consider, including division of property, finances, partner support, child support, and parenting matters. It is important to note that the manner in which property is divided can depend on the date of separation and whether the couple falls under the old legislation or the new Family Property Act, which came into force on January 1, 2020. Under the new legislation, if a couple separates in Alberta after January 1, 2020, and meets the eligibility requirements for an adult interdependent relationship, the division of property law is the same as for a divorce.
In terms of ending a common-law relationship in Alberta, it is considered a legal separation 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 also qualify.
To summarise, common-law separation in Alberta involves navigating legal obligations similar to those in a marriage, with a focus on division of property, finances, and support matters. It is important to seek legal advice to understand one's rights and obligations during this process.
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Adult Interdependent Relationships Act
In Alberta, a common-law relationship is referred to as an "Adult Interdependent Partnership" (AIP) under the Adult Interdependent Relationships Act. This act was passed in 2002 and became law on June 1, 2003. It amended several Alberta laws for people in unmarried relationships involving economic and emotional interdependency.
The act defines an "adult interdependent relationship" as a relationship between two people who are adult interdependent partners of each other. It applies to a wide range of committed partnerships, including those that are platonic or romantic in nature. The only way for two people who are related by blood or adoption to become adult interdependent partners is to sign an adult interdependent partner agreement.
The act sets out factors to consider when determining whether two people function as an economic and domestic unit. These factors include the degree of exclusivity of the relationship, the conduct and habits of the persons with respect to household activities and living arrangements, the degree to which they hold themselves out to others as an economic and domestic unit, the degree of financial dependence or interdependence, and any arrangements for financial support between the persons.
Under the act, adult interdependent partners have the same legal rights and protections as married spouses when it comes to property division and spousal support. This means that each partner typically keeps the property they brought into the relationship and any gifts, inheritances, or insurable payouts received during the relationship. In the event of a breakup, adult interdependent partners can make a claim for property division within two years from the date the applicant knew or should have known that the relationship had ended.
It is important to note that the laws regarding common-law relationships and adult interdependent partnerships in Alberta are complex and constantly evolving. Seeking legal advice is always recommended to understand one's specific rights and responsibilities.
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Property division
In Alberta, the term "adult interdependent relationship" is used in legal proceedings instead of "common-law". The Family Property Act (FPA), which came into effect on January 1, 2020, outlines the rules for property division between adult interdependent partners. This Act provides a path to separation that is similar to the standard divorce process, and grants adult interdependent partners similar rights to married couples when it comes to property division.
Prior to the FPA, Alberta did not have specific laws for property division for unmarried couples, and judges decided on entitlement based on common law. Now, adult interdependent partners have the right to make a claim on property and can divide assets and debts equally. This includes real or personal property, such as land, buildings, business interests, bank accounts, pensions, and movable goods.
To be considered adult interdependent partners, two people must have lived together in a relationship of interdependence for a minimum of three years or have a child together. Partners who are related by blood or adoption can only become adult interdependent partners by signing an adult interdependent partner agreement.
It is important to note that property division can be complicated, and seeking legal advice is crucial to protecting one's rights and interests during this process. Additionally, the sooner negotiations begin, the more likely an agreement can be met, avoiding costly and time-consuming litigation.
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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. Spousal support may be awarded when married couples or common-law partners separate, to aid the transition to financial self-sufficiency.
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 living together in a marriage-like relationship continuously for at least three years. However, meeting these requirements does not guarantee spousal support. The Court must examine the circumstances of each case and consider various factors. These factors include the length of the marriage or cohabitation, each spouse's role in the relationship, and each spouse's earning potential, needs, and financial means.
The duration and amount of spousal support depend on the specific circumstances of each case. Spousal support is typically paid on a monthly basis but can also be paid as a lump sum. There is no set period for spousal support, and it may continue until a specific event occurs, such as the remarriage of the recipient or a significant change in circumstances. The payor must honour the agreement until the expiry date or until a specific event ends the agreement.
In some cases, spousal support may be modified or terminated due to a change in circumstances. For example, if the payor loses their job and can no longer afford the payments, the court may decide to adjust the support order. It is important to follow the legal processes to terminate or modify a spousal support agreement, as simply stopping payments is likely to have consequences.
Additionally, it is worth noting that child support obligations take priority over spousal support. If a payor can only afford to pay child support, that takes precedence.
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Rights and responsibilities
In Alberta, a common-law relationship is referred to as an "Adult Interdependent Relationship" (AIR) or "Adult Interdependent Partnership" (AIP). Common-law couples have rights and responsibilities during the dissolution of their relationship or the passing of one of the partners. These rights are similar to those of a married couple but are not always the same or as clear.
To be recognised as an AIP, a couple must meet at least one of the following criteria:
- Living together for three years or more
- Living together with a child, either by birth or adoption
- Signing an Adult Interdependent Partner Agreement (AIPA)
The rights of an AIP are outlined in several acts, including the Family Law Act, the Wills and Successions Act, the Income Tax Act, and the Family Property Act. These rights include:
- Property division: AIP partners have similar rights to married couples when it comes to dividing property. Each partner typically keeps the property they brought into the relationship, as well as gifts, inheritances, and insurable payouts received during the relationship. Any increase in the value of property brought into the relationship may be divided unequally, while debt and property acquired as a couple are usually split equally.
- Inheritance: If one partner passes away without a will, the surviving partner may have the right to inherit from their deceased partner's estate. However, this is not guaranteed and may depend on various factors.
- Spousal and child support: AIP partners may have rights to spousal and child support, similar to married couples. In the case of separation or dissolution of the relationship, the dependent partner can claim financial support.
- Insurance and taxation benefits: AIP partners may enjoy similar insurance and taxation benefits as married couples.
- Use of the home: In the event of a partner's death, the surviving partner has the right to stay in the family home for 90 days, with the estate covering mortgage payments or rental costs during this period.
It is important to note that while common-law relationships in Alberta provide flexibility, they may require more effort to prove and establish legal rights and protections. Seeking legal guidance to understand the nuances of an AIP and ensure that the relationship is recognised legally is always recommended.
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Frequently asked questions
In Alberta, a common-law relationship is called an Adult Interdependent Partnership (AIP). This is a committed partnership where two people are emotionally and financially interdependent, regardless of whether their relationship includes a romantic or sexual component.
Couples qualify to be in an AIP if they live together for three years, have a child, or sign an Adult Interdependent Partner agreement.
Common-law partners in Alberta are entitled to spousal support, property division, and an inheritance in much the same way as a married spouse would be. They are also entitled to other benefits, such as the Assured Income for Severely Handicapped (AISH) benefit and insurance benefits.
