Common-law separation in Alberta involves unique legal considerations that differ from divorce proceedings for married couples.
Understanding your rights and obligations during a common-law separation can help protect your interests and ensure a smoother transition.
This guide outlines the essential legal aspects of common-law separation in Alberta, including property division, support payments, and child custody arrangements.
What Qualifies as a Common-Law Relationship in Alberta?
Under Alberta law, you’re considered to be in a common-law relationship (adult interdependent relationship) if you’ve lived together in a marriage-like relationship for 3 or more years.
Alternatively, you may qualify if you’ve lived together for less time but have a child together.
Partners can also become adult interdependent partners by signing an adult interdependent partner agreement.
Property Division Rights
- Common-law partners don’t automatically have the same property division rights as married couples
- Property typically belongs to the person who purchased it or whose name is on the title
- Partners may need to prove their contribution to shared assets
- Courts can recognize unjust enrichment claims where one partner unfairly benefited from the other’s contributions
Support Payments
Common-law partners may be entitled to partner support (similar to spousal support) if they qualify under Alberta’s Adult Interdependent Relationships Act.
Child Support
- Child support obligations are the same for common-law and married parents
- Payments are calculated using the Federal Child Support Guidelines
- Both parents must provide financial support regardless of their relationship status
Child Custody and Parenting
- Both parents have equal rights to custody and access
- Courts prioritize the best interests of the child when making custody decisions
- Parenting agreements can be created without court intervention
Legal Documentation
While there’s no formal separation agreement requirement, creating a written agreement can help prevent future disputes.
Key Elements to Include in Your Separation Agreement:
- Property division details
- Partner support arrangements
- Child custody and support terms
- Division of debts and assets
- Living arrangements
Seeking Legal Help
Contact the Law Society of Alberta Referral Service at 1-800-661-1095 to find a qualified family lawyer.
Legal Aid Alberta offers assistance for those who qualify based on income at 1-866-845-3425.
Next Steps After Separation
- Update your will and beneficiary designations
- Separate joint bank accounts and credit cards
- Change your emergency contacts and insurance policies
- Document the separation date
- Keep records of all agreements and financial transactions
Financial Considerations
- Close joint credit accounts and establish individual credit
- Review and adjust household budget for single income
- Document shared debts and payment responsibilities
- Consider tax implications of property transfers
- Keep records of all support payments made or received
Mediation and Dispute Resolution
Alternative dispute resolution methods can help common-law partners reach agreements more efficiently and cost-effectively than court proceedings.
Available Options:
- Family mediation services
- Collaborative family law process
- Private mediation
- Arbitration services
Protecting Your Rights During Separation
- Document all valuable assets and their purchase dates
- Gather financial records and important documents
- Take photos of valuable property
- Maintain detailed records of child-related expenses
- Save all communication regarding separation arrangements
Moving Forward After Common-Law Separation
Understanding your legal rights and responsibilities is crucial for protecting your interests during a common-law separation in Alberta. Seek professional legal advice early in the process, maintain clear documentation, and focus on cooperative solutions when possible.
Remember that while common-law separations may have different legal considerations than divorces, partners still have significant rights and obligations under Alberta law. Taking proper steps to address property division, support payments, and parenting arrangements can help ensure a more stable transition for all parties involved.
FAQs
- What qualifies as a common-law relationship in Alberta?
In Alberta, you’re considered common-law partners (adult interdependent partners) if you’ve lived together in a relationship for at least 3 years, or have a child together and live as a couple, or have entered into an adult interdependent partner agreement. - Do I need to go to court to separate from my common-law partner?
No, you don’t need to go to court to separate. Common-law couples can separate informally by living apart. However, you may need court intervention to resolve property or support issues. - What rights do I have to property after a common-law separation in Alberta?
Under Alberta’s Adult Interdependent Relationships Act, common-law partners may have claims to property acquired during the relationship. Property division isn’t automatic and must be claimed within 2 years of separation. - Can I claim spousal support after a common-law separation?
Yes, you can claim partner support in Alberta if you qualify as an adult interdependent partner. The claim must be made within 2 years of separation. - How is child custody determined in common-law separations?
Child custody is determined based on the best interests of the child, regardless of whether parents were married or common-law. Both parents have equal rights to seek custody and access. - What happens to our shared home after separation?
If only one partner owns the home, the other partner may need to move out unless they can prove a legal interest in the property or obtain a court order to remain. - How are debts divided in a common-law separation?
Debts are typically the responsibility of the person who incurred them, unless jointly held. Partners may need to prove contribution to shared debts to claim division. - Do I need a separation agreement?
While not legally required, a formal separation agreement is highly recommended to document the terms of property division, support, and parenting arrangements, helping prevent future disputes. - What happens to pension benefits after common-law separation?
Partners may have claims to each other’s pension benefits earned during the relationship, but must make claims within specified time limits and meet eligibility requirements. - How long do I have to make legal claims after separation?
In Alberta, most claims related to property division and partner support must be made within 2 years of separation. Different limitation periods may apply to other claims.
