Navigating Divorce & Custody in Alberta: What You Need to Know

Going through a divorce or custody dispute can be overwhelming—emotionally, financially, and legally. In Alberta, there are specific laws and procedures that guide how these matters are handled. Understanding your rights and responsibilities is essential to protect yourself and your family during this time.

1. Divorce Is a Legal Process

In Alberta, divorce is governed by the Divorce Act (federal) for married couples. You must apply through the Court of King’s Bench to end the marriage legally. The most common ground is being separated for at least one year—even if you’re living in the same home.

Tip: Divorce in Alberta does not require proving fault. Separation alone is sufficient in most cases.

2. Custody Is Now “Parenting Time”

Alberta now uses terms like parenting time and decision-making responsibility instead of “custody” and “access.” Courts focus on the best interests of the child, not on labels or which parent is “better.”

Parents can create a parenting plan by agreement or have one decided by the court if necessary. Stability, emotional support, and consistency are key factors.

3. Child Support Is Mandatory

Both parents have a legal duty to support their children. Child support in Alberta is calculated using the Federal Child Support Guidelines, based on the payor’s income and number of children.

This support helps cover basic living expenses such as food, housing, clothing, and school costs.

Try the Government of Canada’s Child Support Calculator

4. Put Agreements in Writing

Whether it’s a separation agreement, parenting schedule, or support arrangement, make sure it’s in writing—and reviewed by a lawyer. Verbal agreements can lead to future conflict and may not be legally enforceable.

5. Help Is Available

You don’t always have to go to court. Mediation, Legal Aid Alberta, and duty counsel services are available for families who need affordable legal support. You can also hire a lawyer for limited-scope services—helping with just the parts you need.

Final Thoughts

Family law issues are sensitive and often stressful, but you don’t have to navigate them alone. Knowing the legal basics—and when to seek help—can protect your rights and help you move forward with clarity and peace of mind.

This blog post is for general informational purposes only and does not constitute legal advice. Please consult a licensed Alberta family lawyer for advice on your specific situation.