Alberta does not recognize common law marriage, but partners who qualify as Adult Interdependent Partners (AIPs) under the Adult Interdependent Relationships Act, SA 2002, c A-4.5 receive nearly identical property and support rights as married spouses when their relationship ends. Since January 1, 2020, the Family Property Act, SA 2014, c F-4.7 extends full property division protections to AIPs who have lived together for at least three years or who share a child together. Alberta Court of King's Bench filing fees range from $260 to $300 as of April 2026, and the new Family Focused Protocol requires Alternative Dispute Resolution within six months before any contested court application can proceed.
| Key Facts | Details |
|---|---|
| Filing Fee | $260-$300 (Court of King's Bench, as of April 2026) |
| AIP Qualification | 3+ years cohabitation OR child together OR signed agreement |
| Property Division | Equal division under Family Property Act (since Jan 1, 2020) |
| Support Rights | Partner support available under Family Law Act |
| Limitation Period | 2 years from separation for property claims |
| Child Support | Federal Child Support Guidelines apply |
What Is an Adult Interdependent Partner in Alberta?
An Adult Interdependent Partner (AIP) is Alberta's legal equivalent to what other provinces call a common law spouse, and this status grants property division and support rights nearly identical to those of married couples. Under Section 3 of the Adult Interdependent Relationships Act, two adults become AIPs automatically after living together in a relationship of interdependence for three continuous years, or immediately upon sharing a child by birth or adoption, or by signing a formal Adult Interdependent Partner Agreement. Alberta courts examine factors including financial interdependence, shared living arrangements, sexual or emotional intimacy, and mutual domestic responsibilities when determining whether an interdependent relationship exists.
The key distinction between roommates and AIPs involves the degree of life integration. Courts look for evidence that partners function as an economic and domestic unit rather than simply sharing expenses. Approximately 290,000 Albertans lived in common law relationships according to Statistics Canada's 2021 Census, representing roughly 12% of all couples in the province. This percentage has increased steadily from 9.8% in 2011, reflecting changing social patterns around marriage and cohabitation.
Three Pathways to AIP Status
- Cohabitation for three continuous years in a relationship of interdependence
- Sharing a biological or adopted child together (no time requirement)
- Signing a formal Adult Interdependent Partner Agreement witnessed by two adults
The third pathway allows couples to establish AIP status immediately without waiting three years. These agreements must follow the prescribed form under Alberta regulations and require signatures from both partners plus two witnesses. No central registry exists for these agreements, so partners should retain copies in secure locations.
How Property Division Works for Common Law Separation in Alberta
Alberta's Family Property Act, Section 7(4) mandates equal 50/50 division of all non-exempt family property between Adult Interdependent Partners who separated after January 1, 2020. This legislative change fundamentally transformed common law property rights in Alberta, granting AIPs the same property division framework previously reserved exclusively for married spouses. Before 2020, common law partners had no automatic property sharing rights and were forced to pursue expensive unjust enrichment claims through the courts.
Family property subject to equal division includes the family home regardless of title, vehicles, bank accounts, investments, RRSPs and pensions, business interests, and debts accumulated during the relationship. The valuation date for property is the trial date rather than the separation date, unless both partners agree otherwise in writing under Section 7(2.1).
Property Division Comparison Table
| Property Type | Division Rule | Exemption Available? |
|---|---|---|
| Family Home | Equal 50/50 | No (even if pre-owned) |
| Pre-Relationship Assets | Exempt | Yes, if traceable |
| Inheritances | Exempt | Yes, if not commingled |
| Gifts from Third Parties | Exempt | Yes, if documented |
| Growth on Exempt Property | Divisible | No |
| Pensions (during relationship) | Equal 50/50 | No |
| Debts | Equal 50/50 | Limited exceptions |
Exempt Property Under Section 7(2)
Section 7(2) of the Family Property Act identifies five categories of property exempt from division: assets owned before the relationship began, inheritances received by one partner alone, gifts from third parties to one partner, insurance proceeds from certain policies, and damage awards for personal injury. However, any increase in exempt property value during the relationship becomes divisible family property under Section 7(3).
The burden of proving an exemption falls entirely on the partner claiming it. Traceability requirements mean that exempt funds must remain identifiable and separate from family property. Depositing inherited funds into a joint bank account used for household expenses can destroy the exemption. Partners should maintain meticulous records showing the original exempt asset and its transformation through any sales or reinvestments.
Unjust Enrichment Claims When Family Property Act Does Not Apply
Partners who separated before January 1, 2020, or who do not qualify as AIPs must pursue property claims through the equitable doctrine of unjust enrichment rather than statutory property division. The Supreme Court of Canada established the framework for these claims in Kerr v. Baranow, 2011 SCC 10, which clarified that common law partners can claim a share of accumulated wealth proportionate to their contributions when no statutory remedy exists.
Three elements must be proven for an unjust enrichment claim: the defendant was enriched, the claimant suffered a corresponding deprivation, and no juristic reason exists for the enrichment (such as a contract or gift). When partners contributed to a joint family venture—pooling efforts toward shared wealth accumulation—the remedy should reflect their proportionate share of accumulated assets rather than merely compensating for specific services provided.
Remedies Available
Courts award either monetary compensation or a constructive trust over specific property. Monetary awards are preferred unless the claimant can demonstrate a direct causal link between their contributions and the acquisition, preservation, or improvement of particular property. A constructive trust grants the claimant a proprietary interest proportionate to their contribution, which becomes especially important if the defendant faces bankruptcy or has insufficient liquid assets to satisfy a monetary judgment.
Unjust enrichment claims require significant evidence of contributions, which may include financial records, testimony about domestic labor and childcare, and documentation of property improvements. These claims can cost $25,000 to $100,000 or more in legal fees due to their complexity, compared to $5,000 to $15,000 for straightforward Family Property Act applications.
Partner Support Rights for Common Law Separation
Adult Interdependent Partners have a statutory right to claim partner support under Alberta's Family Law Act, RSA 2000, c F-4.5 when their relationship ends. Support obligations recognize that partners often make career sacrifices or take on caregiving roles during relationships that create economic disadvantage upon separation. Courts apply the Spousal Support Advisory Guidelines (SSAG) to calculate support ranges, typically ordering support lasting 6 months to 1 year for each year of cohabitation.
The duration formula suggests that relationships of 20 or more years, or those meeting the Rule of 65 (recipient's age plus years of cohabitation equals 65 or more), may qualify for indefinite support with no fixed end date. Support remains reviewable based on changed circumstances but continues until a court orders termination or the parties agree otherwise.
Support Duration Guidelines
| Relationship Length | Support Duration Range |
|---|---|
| Under 5 years | 6 months to 2.5 years |
| 5-10 years | 2.5 to 5 years |
| 10-15 years | 5 to 7.5 years |
| 15-20 years | 7.5 to 10 years |
| 20+ years or Rule of 65 | Indefinite (reviewable) |
Periodic partner support payments remain tax-deductible for the payor and taxable income for the recipient under the federal Income Tax Act. Lump-sum payments do not receive the same tax treatment. Partners should consider tax implications when negotiating support arrangements, as after-tax dollars may differ significantly from gross payment amounts.
Parenting Arrangements and Child Support After Common Law Separation
Alberta courts determine parenting arrangements based solely on the best interests of children, applying identical standards whether parents were married, Adult Interdependent Partners, or never in a formal relationship at all. The Divorce Act, R.S.C. 1985, c. 3, s. 16 and Alberta's Family Law Act both prioritize children's physical, emotional, and psychological safety as the primary consideration when establishing parenting time and decision-making responsibility.
Both parents typically remain guardians of their children after separation unless a court orders otherwise. Guardians share decision-making responsibility regarding education, health care, religious upbringing, and extracurricular activities. Parenting time schedules specify when children reside with each parent, and courts increasingly favor arrangements that maximize meaningful contact with both parents when safe to do so.
Child Support Calculation
Alberta applies the Federal Child Support Guidelines to calculate child support obligations. The paying parent's annual income determines the base monthly support amount according to standardized tables that account for the number of children. Updated tables took effect on October 1, 2025, adjusting amounts to reflect current economic conditions.
When each parent has at least 40% parenting time annually, Section 9 of the Federal Child Support Guidelines applies a set-off calculation. Courts determine what each parent would pay if the other had primary care, then subtract the lower amount from the higher. For example, if Parent A owes $800 monthly and Parent B owes $500, Parent A pays the $300 difference.
Section 7 expenses cover special or extraordinary costs shared proportionally between parents based on income ratios. These include childcare necessary for employment, medical and dental insurance premiums, health expenses exceeding $100 annually not covered by insurance, post-secondary education costs, and extraordinary extracurricular activities like competitive sports.
Court Process and Filing Requirements in 2026
The Alberta Court of King's Bench charges $260 to file an application for Adult Interdependent Partner separation matters, plus additional fees for complex property claims that may reach $300 total. A Central Divorce Registry search fee of $10 applies if either partner was previously married. Fee waivers exist for applicants with household income below $31,000 (single) or $45,000 (couple) under Rule 14.93 of the Alberta Rules of Court.
Alberta launched the Family Focused Protocol (FFP) on January 2, 2026, fundamentally changing how family matters proceed through the court system. All parties must now complete four mandatory steps before accessing court resources for contested matters: complete the Parenting After Separation online course, exchange full financial disclosure, attempt Alternative Dispute Resolution within six months, and attend a Family Court Counsellor meeting for self-represented litigants.
Filing Locations
The Court of King's Bench maintains family law registries in Calgary, Edmonton, Red Deer, Lethbridge, Medicine Hat, Grande Prairie, and several other locations throughout Alberta. Partners must file in the judicial district where either partner resides or where the children primarily reside if parenting matters are at issue.
Online filing became available through the King's Bench Filing Digital Service, allowing parties to submit applications electronically rather than attending registries in person. This service operates Monday through Friday and accepts most family law applications including property division, support claims, and parenting order requests.
Time Limits for Common Law Property and Support Claims
Alberta imposes strict limitation periods for family law claims that can permanently bar recovery if missed. Property claims under the Family Property Act must be commenced within two years of the relationship ending. Support claims under the Family Law Act must be filed within two years of the last date the partners lived together. Missing these deadlines typically results in complete loss of the right to claim.
Partners who separated before January 1, 2020, face particular challenges because the Family Property Act does not apply retroactively. These individuals must pursue unjust enrichment claims subject to the general two-year limitation period under the Limitations Act. Courts have limited discretion to extend these deadlines, making prompt legal consultation essential after any common law separation.
Limitation Period Summary
| Claim Type | Limitation Period | Starting Point |
|---|---|---|
| Property Division (FPA) | 2 years | Date relationship ends |
| Partner Support | 2 years | Last date living together |
| Unjust Enrichment | 2 years | Discovery of claim |
| Child Support | None | Ongoing obligation |
How to End an Adult Interdependent Partnership
Unlike divorce, no formal court process exists to officially terminate an Adult Interdependent Partnership. The relationship ends automatically when partners live separate and apart for more than one year with intent that the relationship not continue, or when either partner marries someone else. Partners may also sign a written agreement stating their intention to live separate and apart without possibility of reconciliation.
This informal termination process means that determining the exact end date of an AIP relationship can become contentious. Courts examine objective evidence including separate residences, financial separation, cessation of sexual relations, social presentation as single individuals, and communications expressing intent to end the relationship. The end date matters because property valuation occurs as of trial unless parties agree otherwise, but exemption calculations may reference the separation date.
Frequently Asked Questions About Common Law Divorce in Alberta
How long do you have to live together to be common law in Alberta?
Alberta requires three continuous years of cohabitation in a relationship of interdependence to automatically qualify as Adult Interdependent Partners under Section 3 of the Adult Interdependent Relationships Act. However, partners who share a biological or adopted child together gain AIP status immediately regardless of cohabitation duration. Alternatively, any two adults can sign a formal Adult Interdependent Partner Agreement to establish AIP status without meeting either of these requirements.
Do common law partners in Alberta automatically split property 50/50?
Yes, Adult Interdependent Partners who separated after January 1, 2020 receive equal 50/50 division of non-exempt family property under Section 7(4) of Alberta's Family Property Act. This represents a major change from pre-2020 law, when common law partners had no automatic property sharing rights. Exempt property including pre-relationship assets, inheritances, and gifts from third parties remains with the original owner, though any growth in exempt property value during the relationship becomes divisible.
What happens to property if we separated before January 1, 2020?
Partners who separated before January 1, 2020 cannot access Family Property Act protections and must pursue property claims through unjust enrichment doctrine established in Kerr v. Baranow, 2011 SCC 10. These claims require proving enrichment, corresponding deprivation, and absence of juristic reason. Legal costs for unjust enrichment claims typically range from $25,000 to $100,000 due to evidentiary complexity, compared to $5,000 to $15,000 for straightforward Family Property Act applications.
Can I get partner support after a common law separation in Alberta?
Adult Interdependent Partners can claim partner support under Alberta's Family Law Act, which grants support rights equivalent to those of married spouses. Courts apply the Spousal Support Advisory Guidelines to calculate support amounts, typically ordering support lasting 6 months to 1 year for each year of cohabitation. Relationships lasting 20 or more years, or meeting the Rule of 65 (recipient's age plus years together equals 65), may qualify for indefinite support.
How much does it cost to file for common law separation in Alberta?
Alberta Court of King's Bench filing fees range from $260 to $300 as of April 2026, depending on whether property division claims are included. Fee waivers exist for applicants with household income below $31,000 (single) or $45,000 (couple). Legal representation for contested matters typically costs $10,000 to $50,000 depending on complexity, while mediated settlements may cost $2,000 to $5,000 per party.
What is the Family Focused Protocol and how does it affect my case?
Alberta's Family Focused Protocol became mandatory on January 2, 2026, requiring all parties to complete Alternative Dispute Resolution within six months before filing any contested family application. Parties must also complete the Parenting After Separation course (for parenting matters), exchange full financial disclosure, and attend a Family Court Counsellor meeting if self-represented. This protocol applies equally to married divorce and AIP separation matters.
How are parenting arrangements decided for unmarried parents in Alberta?
Alberta courts determine parenting arrangements based solely on the best interests of children, applying identical standards regardless of parents' marital status. Both parents typically remain guardians sharing decision-making responsibility for education, health, and religion. The Federal Child Support Guidelines calculate support based on the paying parent's income and number of children. Alberta's Maintenance Enforcement Program automatically registers all child support orders.
Can I claim a share of my partner's pension after common law separation?
Yes, pension benefits accumulated during an AIP relationship constitute family property subject to equal division under Section 7(4) of the Family Property Act. This includes registered pension plans, RRSPs, and other retirement savings. The portion of pension earned before the relationship began remains exempt property of the original owner, but growth during the relationship becomes divisible.
What if my partner and I cannot agree on property division?
Parties who cannot reach agreement must now attempt Alternative Dispute Resolution under the Family Focused Protocol before the court will hear their application. Options include mediation (typically $200-$400 per hour shared between parties), arbitration, and collaborative family law. If ADR fails, parties may apply to the Court of King's Bench for a property division order, where a judge will apply Family Property Act principles to divide assets.
How do I prove we were Adult Interdependent Partners?
Courts examine factors including shared residence, financial interdependence, joint bank accounts or credit, shared household responsibilities, sexual or romantic relationship, social presentation as a couple, and joint decision-making about finances and lifestyle. Evidence may include lease agreements, utility bills, tax returns claiming common law status, insurance beneficiary designations, social media posts, and witness testimony from family and friends.