Many Calgary clients are surprised to learn that separating from a common-law partner — legally, an adult interdependent partner in Alberta — triggers real, enforceable legal rights, not just an informal parting of ways.
Property Division
Since 2020 amendments to Alberta's Family Property Act, adult interdependent partners have the same statutory property division rights as married spouses on separation, provided the AIP relationship existed. Before that change, common-law partners in Alberta had no automatic statutory right to share in property — this is a relatively recent and significant shift that many people (and some outdated online resources) still don't know about.
Partner Support
An adult interdependent partner may be entitled to ongoing financial support from their former partner after separation, assessed under similar principles to spousal support — considering factors such as the length of the relationship, financial contributions, and the effect of the relationship on each partner's earning capacity.
Parenting and Child Support
Parenting arrangements and child support obligations under Alberta's Family Law Act apply equally whether the parents were married or in a common-law relationship — there is no distinction here. The Federal Child Support Guidelines apply to determine support amounts regardless of the parents' marital status.
What You Need to Prove First
Because AIP status isn't always obvious, a separating common-law partner may first need to establish that the relationship actually met the legal threshold under AIRA (3 years of cohabitation, or a shorter period with a shared child, or a signed agreement) before property or partner support rights can be pursued.
Frequently asked questions
Do I need to go to court to prove I was an adult interdependent partner?
Not necessarily — many cases are resolved through negotiation or mediation once both parties acknowledge the relationship's duration and nature, but court involvement may be needed if this is disputed.
Is there a time limit to make a property claim after common-law separation?
Yes — limitation periods apply to family property claims in Alberta, so it's important to get legal advice promptly after separating rather than waiting.
Do common-law partners split property 50/50 automatically?
Not automatically — division is based on what's fair and equitable given each partner's contributions, similar to the framework used for married spouses, not a strict equal split in every case.
This article provides general information about Alberta family law and is not legal advice. Book a consultation with GSD Law Group about your common-law separation.
Related reading: Cohabitation Agreements in Alberta · Spousal Support Calculations in Alberta
Contact GSD Law Group: Westwinds (403) 455-2151 · Savanna (403) 475-2157
