Understanding Common-Law Relationships in Alberta
If you’re in a common-law relationship in Alberta—more accurately known as an adult interdependent relationship—it’s important to understand your legal rights and obligations, especially during a separation. Unlike married couples, partners in common-law relationships must meet specific criteria before they’re entitled to property division or spousal support under Alberta’s Family Property Act.
At Jennings Family Law in Calgary, we regularly help clients clarify and protect their rights in adult interdependent partnerships (AIPs). Whether you’ve lived together for three years, share a child, or have signed an interdependent partner agreement, proving your common-law status can be essential if the relationship ends.
This article explains how Alberta law defines common-law relationships, what legal rights you may have, and how to prove your relationship status with supporting evidence.
What Is an Adult Interdependent Partner in Alberta?
In Alberta, the legal term for a common-law partner is adult interdependent partner (AIP). While many people still use “common law” in casual conversation, Alberta law uses specific language and criteria under the Adult Interdependent Relationships Act to determine whether a couple qualifies as an AIP.
At Jennings Family Law in Calgary, we often help clients understand whether their relationship meets this legal threshold—and what that means for their rights in the event of a breakup.
You may be considered an adult interdependent partner if any one of the following applies:
- You’ve lived together continuously for three years or more, or
- You’ve lived together in a relationship of permanence and have a child together, or
- You’ve signed a valid Adult Interdependent Partner Agreement.
Alberta courts assess whether a relationship is “marriage-like” by looking at whether the couple:
- Shares emotional commitment and companionship
- Functions as a single economic and domestic unit
- Lives together and presents themselves to others as a couple
Importantly, adult interdependent partners now have similar rights to married spouses under Alberta’s Family Property Act, which came into effect in January 2020. This includes rights to property division following separation.
It’s also worth noting that sexual intimacy is not required to be recognized as adult interdependent partners. However, if you don’t cohabitate or are not widely perceived as a couple, proving your AIP status may be more challenging.
How Do You Prove Common-Law (Adult Interdependent Partner) Status in Alberta?
Proving that you’re in an adult interdependent relationship—Alberta’s legal equivalent of a common-law partnership—can become critically important during a separation, especially when property division or spousal support is in dispute.
Alberta courts rely on the Adult Interdependent Relationships Act to assess whether a couple qualifies as adult interdependent partners (AIPs). When a signed Adult Interdependent Partner Agreement exists, this usually serves as sufficient proof. However, when no agreement is in place, the court will consider a range of factors to determine the true nature of the relationship.
Key considerations include:
- Whether the relationship is sexual or platonic
- The duration and exclusivity of the relationship
- Cohabitation status and how domestic responsibilities are shared
- Financial interdependence, including shared expenses or one partner supporting the other
- Parenting responsibilities (e.g., raising a child together)
- Joint property ownership, leases, or utility accounts
- Any provisions made in wills or estate planning
- Evidence of shared economic and domestic life
If you don’t have a formal agreement, you may still be able to prove your AIP status by showing:
- Shared address history (e.g., joint bank statements, government mail)
- Co-ownership of a home or jointly signed lease
- Shared utility bills or household expenses
- Joint financial accounts or insurance policies naming each other as beneficiaries
The court takes a holistic view—no single factor is determinative. Instead, the totality of the relationship is examined to establish whether it meets the legal criteria of an adult interdependent partnership under Alberta law.
Difference Between Adult Interdependent Relationships and Marriage in Alberta
Although adult interdependent partnerships (commonly referred to as common-law relationships) offer some of the same legal protections as marriage in Alberta, key differences remain—especially in how these relationships are formed and recognized under the law.
Here are the main distinctions:
Age Requirements
- Marriage: Legal starting age is 18 (or 16 with written parental consent).
- Adult Interdependent Relationship: Can begin at age 16 without parental consent if an Adult Interdependent Partner Agreement is signed.
Legal Formalities
- Marriage: Requires a marriage license and a legally recognized ceremony.
- Adult Interdependent Relationship: No license or ceremony is required. It can form naturally over time or by signing an agreement.
Family Relationship Restrictions
- Marriage: Individuals cannot marry a lineal relative (e.g., parent, sibling, child).
- Adult Interdependent Relationship: Lineal relatives may form an AIP if they are over 18 and sign an agreement—typically for financial or care purposes.
Surname Changes
- Marriage: A spouse may legally change their surname to match their partner’s.
- Adult Interdependent Relationship: Partners do not have automatic rights to a legal surname change.
While both relationships can involve shared finances, cohabitation, and mutual care, only marriage is accompanied by formal documentation and ceremonial requirements. By contrast, AIPs are often informal—unless documented through an agreement—and can sometimes require additional effort to prove legally in a dispute.
Do Same-Sex Common Law Couples Have the Same Rights in Alberta?
Yes. Under Alberta law, same-sex couples in adult interdependent relationships have the same legal rights and responsibilities as opposite-sex couples. This includes eligibility for property division, partner support, and inheritance rights after a separation or death—provided they meet the criteria for adult interdependent partners (AIPs).
Same-sex partners can prove their relationship in the same ways, such as:
- Living together for three years
- Having a child together
- Signing an Adult Interdependent Partner Agreement
There is no distinction in legal treatment based on sexual orientation when it comes to common-law relationships in Alberta.
Property rights of adult interdependent relationships in Alberta
When married couples separate in Alberta, the Family Property Act grants rights to a fair share of the marital estate to each spouse. Adult interdependent partners enjoy the same property rights after the dissolution of a relationship.
Similarly, when it comes to inheritance rights, the Wills and Succession Act treats adult interdependent partners as “dependents”. Therefore, they are granted the right to the same inheritance as a spouse upon the death of their partner. However, “dower rights” (the right to occupy the dwelling place) only apply to married couples.
To assert these property and inheritance rights, it may be necessary to prove adult interdependent partner status.
How Is Property Divided After a Common-Law Separation in Alberta?
In Alberta, adult interdependent partners (AIPs)—the legal term for common-law partners—have property division rights under the Family Property Act. While married couples are typically required to divide marital property equally, property division for AIPs is guided by the principle of fairness, which may not always mean a 50/50 split.
Here’s how property is typically handled after an adult interdependent relationship ends:
Property You Owned Before the Relationship
Each partner generally keeps what they brought into the relationship, unless that property increased in value—that increase may be subject to division.
Gifts and Inheritances
Gifts and inheritances received during the relationship usually remain excluded from division, unless they were used for joint benefit or commingled with shared assets.
Jointly Acquired Property
Property and assets acquired together during the relationship—such as a shared home, vehicle, or investments—are normally divided evenly.
Debts
Debts incurred jointly or for the benefit of the household are generally shared between both partners.
The courts focus on what’s “just and equitable” based on the nature of the relationship and each party’s contributions—both financial and non-financial. This allows for some flexibility in dividing assets but also creates more legal gray areas than in a traditional divorce.
Because these cases often involve complex financial considerations and subjective assessments, it’s important to consult with a common law separation lawyer familiar with adult interdependent relationships in Alberta.
What do adult interdependent partners agreements include?
One of the most reliable ways to prove an adult interdependent relationship in Alberta is by signing an Adult Interdependent Partner Agreement (AIPA). This legal document formalizes your status as a couple under Alberta law and can simplify property division, support claims, and inheritance rights in the event of a separation or death.
To be valid and enforceable, an Adult Interdependent Partner Agreement should include the following:
- Full names and addresses of both partners
- A clear statement acknowledging that both parties understand their rights and obligations under Alberta’s Adult Interdependent Relationships Act
- Declarations confirming that both individuals:
- Are at least 16 years old
- Are not married to each other or anyone else
- Do not have any other AIP agreements in effect
- Are living together or intend to live together in a relationship of interdependence
- A clause that automatically terminates the agreement if the relationship ends
- The date of the agreement
- Both partners’ signatures
- The signatures, names, and addresses of two witnesses
- If either partner is 16 or 17, the signature of a legal guardian is required
Resolve Common-Law Separation Issues with Trusted Legal Support
Adult interdependent relationships in Alberta can involve complex legal questions—especially when property division, parenting, or financial support is in dispute. Whether you’re entering into an agreement or navigating a separation, having the right legal guidance makes all the difference.
At Jennings Family Law in Calgary, we help clients formalize their adult interdependent status and resolve common-law separation matters through negotiation, mediation, arbitration, or litigation—depending on what your situation requires.
Contact us today for a case evaluation and get clear, effective advice from lawyers who understand Alberta’s family law system inside and out.
