Common-Law Relationships in Alberta

Many couples in Alberta live together without getting married. Although these relationships are often called common-law relationships, the legal term used in Alberta is adult interdependent partnership. Understanding this distinction is important because unmarried couples may have legal rights and responsibilities relating to property, financial support, and children.

If you are living with a partner, planning to separate, or considering moving in together, understanding Alberta's family laws can help you make informed decisions about your future.

What Is a Common-Law Relationship in Alberta?

In everyday language, a common-law relationship usually refers to an unmarried couple who live together in a committed relationship. However, Alberta uses the legal term adult interdependent partner under the Adult Interdependent Relationships Act.

A couple does not automatically become adult interdependent partners simply because they share a home or have been dating for a certain period. Their relationship must meet the legal requirements.

Generally, two people may qualify as adult interdependent partners if they have lived together in a relationship of interdependence for at least three years, lived together in a relationship of some permanence and have a child together by birth or adoption, or entered into a valid adult interdependent partner agreement.

The exact circumstances matter, so it is important to understand which legal requirements apply to your relationship.

What Does an Adult Interdependent Relationship Mean?

A relationship of interdependence involves more than simply sharing accommodation. The law considers whether two people share their lives, have an emotional commitment to one another, and function as an economic and domestic unit.

Factors may include the length of the relationship, shared household responsibilities, financial arrangements, the ownership or use of property, and how the couple presents their relationship to others.

No single factor necessarily determines whether a relationship qualifies. For example, couples may maintain separate bank accounts and still meet the legal requirements, depending on their overall circumstances.

If you are uncertain about your legal status, obtaining advice from an Alberta family lawyer can help clarify your rights and obligations.

Do Common-Law Partners Have Property Rights in Alberta?

Yes. Qualifying adult interdependent partners may have property rights under Alberta's Family Property Act. These rights can become particularly important when a relationship ends.

Family property may include the family home, savings, investments, vehicles, pensions, and other assets. Debts and liabilities may also need to be considered.

However, property division is not necessarily a straightforward 50/50 split of every individual asset. The applicable legislation, the circumstances of the relationship, the value and ownership of assets, and any relevant exemptions can affect the outcome.

The date of separation can also be important when determining which legal rules apply. If you are separating, gathering financial records and obtaining legal advice early can help you understand your options.

Can a Common-Law Partner Receive Spousal Support?

In Alberta, qualifying adult interdependent partners may be entitled to seek partner support, sometimes informally called spousal support.

Whether support is payable depends on the applicable law and the circumstances of the relationship. Relevant considerations may include each person's financial circumstances, their roles during the relationship, the length of the relationship, and whether one partner experienced economic disadvantages as a result of the partnership.

Support is not automatically awarded simply because two people lived together. The legal requirements must be satisfied, and the amount and duration depend on the individual circumstances.

If you are considering separation, legal advice can help you determine whether you may be entitled to support or whether you could have an obligation to pay it.

What Happens to Children When Common-Law Partners Separate?

When unmarried parents separate, their responsibilities toward their children generally continue. A child's right to financial support does not depend on whether the parents were married.

Child support is determined under the applicable guidelines, taking into account factors such as parental income and the number of children. Parenting arrangements and decision-making responsibilities must be addressed according to the child's best interests and the applicable law.

Parents may reach an agreement about parenting time and child support. If they cannot agree, a court may need to resolve the disputed issues.

It is important to remember that child support and parenting arrangements are separate matters. A disagreement about parenting time does not automatically remove a parent's child support obligations.

How Is a Common-Law Relationship Legally Ended?

Unlike a marriage, an adult interdependent partnership does not require a divorce order to end. However, ending the relationship does not automatically resolve property division, partner support, parenting, or child support.

Some couples can negotiate a separation agreement that explains how their assets, debts, and financial responsibilities will be handled. Others may need mediation or court proceedings to resolve disagreements.

There can also be important legal deadlines, particularly for property division claims. If your relationship is ending, seek legal advice promptly rather than assuming that you can address these matters at any time in the future.

Should You Sign an Adult Interdependent Partner Agreement?

An adult interdependent partner agreement can help eligible couples establish their legal relationship under Alberta law. It may also be useful to obtain advice about financial arrangements and expectations before entering or continuing a long-term partnership.

A written agreement can help clarify certain rights and responsibilities, but its effect depends on the wording, the applicable legislation, and the circumstances.

Before signing an agreement, both partners should understand its legal consequences. Independent legal advice can help ensure that the agreement reflects their intentions and addresses relevant issues appropriately.

Conclusion

Common-law relationships in Alberta can involve significant legal rights and responsibilities. Qualifying adult interdependent partners may have rights relating to property division and partner support, while both parents generally remain responsible for supporting their children after separation.

Understanding your legal status before making major financial or relationship decisions can help you avoid uncertainty and protect your interests.

Need advice about a common-law relationship in Alberta?

Contact DehaLaw.ca to discuss your circumstances and understand the family law options available to you.

Disclaimer: This article provides general legal information, not legal advice. Your rights depend on the facts of your relationship and the applicable legislation. Consult a qualified Alberta family lawyer for advice about your situation.‍