Common-Law Separation

Legal Support for Common-Law Separation in Alberta

While a common-law relationship may not involve a marriage certificate, its breakdown can carry many of the same legal and emotional complexities. In Alberta, common-law relationships are legally known as Adult Interdependent Relationships (AIRs). If your relationship ends, you may have rights and obligations similar to those of married couples—particularly when it comes to property, financial support, and parenting.

Understanding Adult Interdependent Relationships (AIRs)

You may be considered in an AIR if you have lived with your partner in a relationship of interdependence for at least three years, for a shorter period if you share a child, or if you have signed an Adult Interdependent Partner Agreement. These relationships are recognized under Alberta law, and separation may involve legal processes similar to divorce.

Key Legal Considerations in a Common-Law Separation

Division of Property
Property division in a common-law separation differs from divorce. The Family Property Act applies to AIRs that began on or after January 1, 2020, granting both partners rights to an equal share of property acquired during the relationship. If your relationship began before that date or if you have questions about exclusions or exemptions, legal advice is essential.

Spousal Support
Spousal support may be available if one partner was financially dependent on the other or made significant contributions to the household or the partner’s career. Courts consider factors like the duration of the relationship, each partner’s income, and economic hardship post-separation.

Parenting and Child Support
If you have children, both partners retain rights and responsibilities regarding custody, parenting time, and child support. Alberta’s family law framework prioritizes the best interests of the child, regardless of the marital status of the parents.

Written Agreements
Separation agreements are a helpful way to resolve legal matters privately. A lawyer can help you draft or review an agreement that outlines property division, support obligations, and parenting arrangements, ensuring your rights are protected and the agreement complies with Alberta law.

Why Legal Advice Matters

Unlike married couples, common-law partners do not always have automatic rights or protections. Whether you are seeking a fair division of property, clarity around spousal support, or parenting arrangements, having the right legal guidance can make a significant difference. Each situation is unique, and the legal process can be complex without support.

Move Forward With Confidence

At 587LAWYERS, we understand how emotionally and legally complex the end of a common-law relationship can be. Our team of experienced family lawyers will help you understand your rights, explore your options, and advocate for your best interests—whether through negotiation, mediation, or court if needed.

Contact us today to schedule a consultation and take the first step toward a secure and informed separation process.