Divorce Laws in Alberta: Complete 2026 Guide

Under the Divorce Act (R.S.C. 1985, c. 3, 2nd Supp.), the sole legal ground for divorce in Canada — including Alberta — is breakdown of the marriage. This fundamental ground can be established in one of three ways: separation for at least one year, adultery by one spouse, or physical or mental cruelty by one spouse that makes continued cohabitation intolerable (s. 8(2) of the Divorce Act). The most common ground cited is a one-year separation. The spouses must have lived separate and apart for at least 12 consecutive months before the divorce can be granted. Notably, spouses may live under the same roof during this separation period as long as they can demonstrate they were living separate lives (e.g., separate sleeping arrangements, no shared marital activities). Alberta law also permits spouses to attempt reconciliation for up to 90 days during the one-year period without resetting the clock. Adultery and cruelty are considered fault-based grounds. If a spouse committed adultery and it has not been condoned (forgiven), the other spouse may file for divorce without waiting through a one-year separation period. Similarly, if one spouse has subjected the other to physical or mental cruelty severe enough that living together is intolerable — which need only occur once — this constitutes grounds for divorce. Evidence of the adultery or cruelty is required. Importantly, while fault-based grounds can allow a faster filing, once the divorce is granted on any ground, the reason for the divorce does not factor into the court's decisions regarding property division, parenting arrangements, or support. Alberta's property and support laws are not based on marital fault.

To file for divorce in Alberta, at least one spouse must have been ordinarily resident in the province for at least one year immediately before the divorce proceeding is commenced (s. 3(1) of the Divorce Act). This requirement ensures the Alberta Court of King's Bench has proper jurisdiction to hear and decide the divorce case. It does not matter where the marriage took place — spouses who married in another province or country can divorce in Alberta, provided the residency requirement is met. If neither spouse meets the one-year residency threshold in Alberta, the divorce cannot be filed in the province. The couple would need to file in whichever Canadian province or territory where one of them has been ordinarily resident for at least one year. There is no separate county-level residency requirement in Alberta — the one-year provincial residency is the sole jurisdictional prerequisite. It is also important to note that you do not need to be a Canadian citizen to file for divorce in Alberta. As long as one spouse has been ordinarily resident in the province for the required period, the court can proceed with the divorce. For individuals residing outside Canada, special rules may apply regarding service of divorce documents and timelines for responding.

Property division in Alberta is governed by provincial law — specifically, the Family Property Act (RSA 2000, c. F-4.7, formerly the Matrimonial Property Act, renamed as of January 1, 2020). The Family Property Act applies to married spouses who separated or divorced on or after January 1, 2020. For couples who separated before that date, the former Matrimonial Property Act (as it read on December 31, 2019) applies, unless both spouses agree to have the Family Property Act govern their situation. The default rule under the Family Property Act is that family property (also called matrimonial property) is divided equally — 50:50 — between spouses upon separation or divorce. Family property includes all assets and debts acquired by either spouse during the marriage, including real estate, vehicles, bank accounts, investments, pensions, and household goods. The family home receives special treatment under the Act and the Alberta Dower Act, which gives married parties certain rights concerning the matrimonial home. Certain property is exempt from equal division, including property owned by either spouse before the marriage, gifts received from third parties during the marriage, inheritances, and certain insurance proceeds. However, any increase in value of exempt property during the marriage is subject to division. The court may also order an unequal distribution if it determines that an equal split would not be just and equitable, considering factors such as each spouse's contribution to the marriage, the length of the marriage, and any prior agreements between the spouses. Fault in causing the breakdown of the marriage is not a factor in property division. Neither the Family Property Act nor its predecessor uses marital misconduct as a basis for adjusting the division of property. Spouses can negotiate their own property agreement (separation agreement or minutes of settlement), but such agreements must comply with the formal execution requirements of the Family Property Act, including independent legal advice for both parties.

Spousal support (sometimes called alimony or maintenance) in Alberta is governed by the federal Divorce Act for married couples who are divorcing, and by the provincial Family Law Act (SA 2003, c. F-4.5) for married couples who are separating without divorcing and for adult interdependent partners (common-law couples). Both statutes establish similar objectives for spousal support, including recognizing economic advantages or disadvantages arising from the marriage or its breakdown, apportioning financial consequences of child care, relieving economic hardship caused by the breakdown of the marriage, and promoting self-sufficiency within a reasonable time. When determining whether spousal support is payable, and if so, how much and for how long, the court considers several factors: the financial means, needs, and circumstances of both spouses; the length of the marriage or cohabitation; the roles each spouse assumed during the relationship (e.g., whether one spouse left the workforce to raise children); each spouse's earning capacity and ability to become self-sufficient; and any existing support orders or agreements. Under the Family Law Act, additional factors include whether either partner has obligations to support other persons and whether either partner is cohabiting with a new partner. Alberta courts frequently use the Spousal Support Advisory Guidelines (SSAG), a set of federal advisory guidelines released in 2005, to calculate appropriate ranges for both the amount and duration of spousal support. The SSAG use formulas based on the spouses' gross incomes, the length of the relationship, and whether there are dependent children. However, these guidelines are advisory only and do not have the force of law — judges retain discretion to depart from them based on the circumstances of the case. Spousal support duration can range from a defined period for shorter marriages to indefinite support for marriages lasting 20 years or more. Child support always takes priority over spousal support under both the Divorce Act and the Family Law Act.

In Alberta, matters relating to children in the context of divorce are governed by the federal Divorce Act, as amended in 2021, and the provincial Family Law Act (SA 2003, c. F-4.5). Under the 2021 amendments to the Divorce Act, the terminology of 'custody' and 'access' has been replaced with 'parenting arrangements,' 'parenting time,' and 'decision-making responsibility.' All decisions regarding children must be made based on the best interests of the child, which is the paramount consideration. Parenting time refers to the time a child spends in the care of each parent or guardian. Decision-making responsibility refers to the authority to make significant decisions about the child's well-being, including decisions about health, education, religion, culture, and significant extracurricular activities. These responsibilities can be allocated solely to one parent, shared between both parents, or divided by subject matter. The court also considers factors such as the child's physical, psychological, and emotional safety; the nature and strength of the child's relationship with each parent; each parent's willingness to support the child's relationship with the other parent; and any history of family violence. Alberta mandates that divorcing parents with children under 16 complete the Parenting After Separation (PAS) course before filing a divorce application or a Family Law Act application in the Court of King's Bench. This free online course, provided by Alberta Justice, takes approximately 3 hours and teaches parents how to minimize the impact of separation on children, communicate effectively, and develop workable parenting plans. A Certificate of Completion must be filed with the court. The court strongly encourages parents to reach parenting arrangements through agreement, mediation, or other family dispute resolution processes before resorting to litigation. Alberta offers free family mediation programs and family court counsellors to assist parents in reaching agreements. If parents cannot agree, the court will make a parenting order based on the best interests of the child. There is no presumption in favour of either parent based on gender.

To file for divorce in Alberta, you begin by preparing a Statement of Claim for Divorce, which is the initiating document. If you and your spouse agree on all terms, you may file a joint divorce application together. If you have children under 16, both parties must first complete the mandatory Parenting After Separation (PAS) course and obtain a Certificate of Completion. All necessary forms are available on the Alberta Courts website (albertacourts.ca) or through the Alberta Divorce Kit available from the King's Printer. Once the Statement of Claim is prepared, you file it with the Court of King's Bench and pay the filing fee of approximately CAD $260. Fee waivers may be available for individuals who can demonstrate financial hardship. After filing, the Statement of Claim must be personally served on the other spouse by someone other than the filing spouse — typically a process server or another adult. Once served, an Affidavit of Service is filed with the court. The respondent generally has 20 days to file a response if they reside in Alberta, 40 days if they reside elsewhere in Canada, or 60 days if they reside outside Canada. If the respondent does not file a response, the filing spouse can proceed with a 'desk divorce' (uncontested divorce) by filing a Noting in Default, followed by an Affidavit of Applicant and Request for Divorce. A judge reviews the documents without a hearing. If the respondent does file a response and there are disputed issues, the case becomes contested and may proceed through case management, mediation or other dispute resolution, and potentially trial. Alberta courts also require financial disclosure from both parties, particularly when property division, support, or child-related matters are in issue. An uncontested desk divorce can typically be completed in 4 to 6 months after the one-year separation period is fulfilled. In Alberta, only the Court of King's Bench (formerly the Court of Queen's Bench, renamed in September 2022 following the passing of Queen Elizabeth II) has jurisdiction to grant a divorce. The Court of King's Bench is Alberta's superior trial court and handles all divorce proceedings, property division under the Family Property Act, spousal support, and parenting matters that arise in the context of a divorce. Divorce applications are filed and heard at Court of King's Bench locations across the province, including Calgary, Edmonton, Red Deer, Lethbridge, Grande Prairie, and other judicial centres. The Alberta Court of Justice (formerly the Provincial Court of Alberta) can hear certain family law matters under the provincial Family Law Act, including applications for parenting time, decision-making responsibility, and child support for non-divorce cases. However, the Alberta Court of Justice cannot grant divorces. Some parents may obtain interim parenting orders in the Alberta Court of Justice before applying for divorce in the Court of King's Bench, although it is generally recommended to keep all matters in one court to avoid duplication. Appeals from the Court of King's Bench go to the Alberta Court of Appeal, and from there, to the Supreme Court of Canada (with leave). In Calgary and Edmonton, the Court of King's Bench operates Family Docket Court, which is the entry point for most family matters. Alberta also provides Court and Justice Services (CJS), a government-funded program that offers resolution and court support services, including family court counsellors who assist self-represented litigants with preparing forms, navigating procedures, and resolving parenting disputes.

Under the federal Divorce Act, the most commonly used ground for divorce — one-year separation — requires that spouses live separate and apart for at least 12 consecutive months before the divorce can be granted. This effectively serves as a mandatory waiting period for no-fault divorces. However, it is important to note that you do not have to wait the full year before filing your Statement of Claim for Divorce — you can file as soon as you separate, but the divorce judgment will not be granted until the one-year separation is complete. During the one-year separation period, spouses may attempt reconciliation for up to 90 days without resetting the 12-month clock. If the reconciliation attempt exceeds 90 days, the separation period starts over. Spouses can live under the same roof during the separation, but they must be able to demonstrate they are living separate and apart (e.g., sleeping separately, not engaging in marital activities, and generally functioning as independent households). If a spouse files for divorce on the fault-based grounds of adultery or cruelty, there is no mandatory separation period required. However, these grounds require evidence, and if the other spouse does not admit to the alleged conduct, proving it in court can be challenging and costly. Once the divorce judgment is granted, there is an additional 31-day appeal period before the divorce becomes effective and the Certificate of Divorce is issued. This 31-day period applies regardless of the grounds used. After the appeal period, the divorce is final and the parties are free to remarry.