Divorce in Alberta: A Complete Guide

Introduction

Going through a divorce is one of life's most challenging transitions. Whether you are just beginning to consider ending your marriage or have already made the decision, understanding the legal process in Alberta is essential to protecting your rights and planning your next steps. Alberta divorces are governed by a combination of federal legislation — primarily the Divorce Act (R.S.C. 1985, c. 3, 2nd Supp.) — and provincial statutes such as the Family Property Act (RSA 2000, c. F-4.7) and the Family Law Act (SA 2003, c. F-4.5).

This guide walks you through every major stage of the divorce process in Alberta, from establishing legal grounds and meeting residency requirements to dividing property, arranging parenting responsibilities, and understanding spousal support. While it is not a substitute for professional legal advice, it will give you a solid foundation so you can make informed decisions.

Grounds for Divorce

Under the Divorce Act, the sole legal ground for divorce in Canada — including Alberta — is breakdown of the marriage. There are three ways to establish that the marriage has broken down:

1. Separation for at Least One Year

The most common basis for divorce is that you and your spouse have lived separate and apart for at least one year. You do not need to wait until the full year has passed to file; you can start the court process at any time, but the divorce judgment cannot be granted until the one-year mark is reached. It is also possible in some circumstances for spouses to be considered "living separate and apart" even while still residing under the same roof, provided the marital relationship has genuinely ended.

2. Adultery

If one spouse has committed adultery, the other spouse may rely on this ground to seek a divorce without waiting through the one-year separation period. You cannot, however, rely on your own adultery as a ground. The spouse alleging adultery generally bears the burden of proof, and contested adultery claims can be expensive and emotionally draining to litigate.

3. Cruelty

A divorce may also be granted if one spouse has treated the other with physical or mental cruelty of such a kind that continuing to live together is intolerable. As with adultery, cruelty must be proven to the court's satisfaction, and these proceedings tend to be more adversarial and costly.

Practical Consideration

The vast majority of Alberta divorces proceed on the one-year separation ground. Adultery and cruelty grounds eliminate the separation waiting period but introduce significant evidentiary and emotional burdens. Most family law practitioners recommend the no-fault separation route unless there is a compelling reason to proceed otherwise.

Residency Requirements

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. "Ordinarily resident" means that Alberta is the place where you normally live in the settled routine of your life. If neither spouse meets this requirement, the application must be filed in a different province or territory where one of you does qualify.

You do not both need to live in Alberta. As long as one spouse satisfies the one-year residency threshold, the Alberta Court of King's Bench has jurisdiction to hear the divorce.

Property Division

Property division in Alberta is governed by provincial law, specifically the Family Property Act (RSA 2000, c. F-4.7). The Act establishes a framework for the equitable distribution of property acquired during the marriage.

How Property Is Classified

• Matrimonial property generally includes all property acquired by either spouse during the marriage, regardless of whose name it is in. This can include the family home, vehicles, pensions, investments, RRSPs, and business interests.
• Exempt property may include assets owned by a spouse before the marriage, inheritances, gifts from third parties, and certain insurance proceeds. However, any increase in the value of exempt property during the marriage may still be subject to division.

The Division Principle

Alberta law starts from the presumption of an equal division of matrimonial property. However, the court has discretion to order an unequal distribution if an equal split would be "unjust or inequitable" after considering factors such as:

• The length of the marriage
• Each spouse's contribution to the marriage (including homemaking and childcare)
• Any prior agreements between the spouses
• The financial circumstances of each spouse at the time of division
• Whether property was acquired before or during the marriage

The Matrimonial Home

The family home receives special treatment under Alberta law. Regardless of who holds legal title, both spouses generally have an equal right to possession of the matrimonial home until a court order or agreement provides otherwise. This protection exists to ensure neither spouse is unilaterally forced from the home.

Debts

Debts incurred during the marriage are also subject to distribution. Courts will consider the purpose of the debt, which spouse incurred it, and which spouse benefited from it when deciding how to allocate liabilities.

Parenting Arrangements

When a divorcing couple has children, establishing appropriate parenting arrangements is often the most important — and most sensitive — part of the process. Under the Divorce Act (as amended in 2021), the language of "custody" and "access" has been replaced with parenting arrangements, parenting time, and decision-making responsibility.

Parenting Time

Parenting time refers to the schedule that determines when each parent has the children in their care. This can range from an equal 50/50 time-sharing arrangement to a primary-residence model where the children live mostly with one parent while spending regular time with the other.

Decision-Making Responsibility

Decision-making responsibility refers to the authority to make significant decisions about a child's well-being, including matters related to health, education, religion, culture, and significant extracurricular activities. This responsibility can be allocated solely to one parent, shared between both parents, or divided by subject area.

The Best Interests of the Child

The best interests of the child is the only legal test that governs all parenting decisions. Courts consider a wide range of factors, including:

• The child's physical, emotional, and psychological needs
• The nature and strength of the child's relationship with each parent and other significant people
• Each parent's willingness and ability to support the child's relationship with the other parent
• The child's views and preferences, depending on age and maturity
• Any history of family violence
• The child's cultural, linguistic, religious, and spiritual upbringing

Parenting Plans

Spouses are strongly encouraged to develop a parenting plan — a detailed written agreement that sets out parenting time schedules, decision-making responsibilities, communication protocols, holiday arrangements, and dispute-resolution procedures. Courts in Alberta favour parents who demonstrate a cooperative approach to co-parenting.

Spousal Support

Spousal support (sometimes called "alimony") may be awarded to one spouse upon divorce. The Divorce Act sets out the objectives of spousal support, which include:

• Recognizing the economic advantages or disadvantages arising from the marriage or its breakdown
• Apportioning the financial consequences of caring for children
• Relieving economic hardship resulting from the marriage breakdown
• Promoting the economic self-sufficiency of each spouse, where practicable

How Support Is Determined

Alberta courts frequently rely on the Spousal Support Advisory Guidelines (SSAGs) to calculate the amount and duration of support. The SSAGs provide formulas based on factors such as each spouse's income, the length of the marriage, and whether there are dependent children. While the SSAGs are not legislated, they are widely used as a benchmark by courts and lawyers throughout the province.

Duration

Support can be temporary (to help a spouse transition after separation), indefinite (particularly after long marriages), or subject to review after a specified period. The longer the marriage, the more likely it is that support will be ordered for an extended duration.

Filing Process

The following is a general overview of the steps involved in filing for divorce in Alberta:

Step 1: Determine Eligibility

Confirm that at least one spouse meets the one-year residency requirement and that you have valid grounds for divorce.

Step 2: Prepare Your Documents

You will need to prepare and file a Statement of Claim for Divorce with the Alberta Court of King's Bench. If you and your spouse agree on all issues, you may proceed with a joint divorce or an uncontested divorce, which is simpler and faster.

Step 3: File with the Court

File your documents with the Court of King's Bench in the judicial district where you or your spouse reside. You will be required to pay a filing fee at this stage.

Step 4: Serve Your Spouse

If you are filing alone (not jointly), you must formally serve your spouse with the divorce documents. Your spouse then has a set period to file a response.

Step 5: Negotiate or Litigate Outstanding Issues

If there are unresolved matters — such as property division, parenting arrangements, or spousal support — you and your spouse may try to resolve them through negotiation, mediation, collaborative law, or, as a last resort, trial.

Step 6: Obtain the Divorce Judgment

Once all issues are resolved (or decided by the court) and the one-year separation period has elapsed (if applicable), the court will issue a Divorce Judgment.

Step 7: Wait for the Appeal Period

The divorce does not become final until 31 days after the judgment is granted. This is a mandatory appeal period. After the 31 days, you can request a Certificate of Divorce, which is the official proof that your marriage has been legally dissolved.

Timeline & Costs

Timeline

Timelines vary significantly based on court schedules, the complexity of the issues, and whether the divorce is contested.

Costs

• Court filing fee: Approximately $260–$310 CAD (as of February 2026; verify the current amount with your local courthouse clerk).
• Legal fees: Vary widely. An uncontested divorce handled by a lawyer may cost between $1,500 and $3,500 CAD. Contested divorces involving property disputes, parenting disputes, or spousal support claims can cost $10,000 to $50,000+ CAD or more, depending on complexity.
• Mediation / collaborative law: Often significantly less expensive than litigation, though costs depend on the number and length of sessions required.
• Self-representation: Some Albertans choose to file without a lawyer, particularly in straightforward uncontested divorces. Court filing fees still apply, and the Alberta Courts website provides self-help resources.

Legal Disclaimer

This guide is provided for general informational purposes only and does not constitute legal advice. Divorce law involves complex federal and provincial legislation, and the specifics of your situation may significantly affect your rights and obligations. Laws, court fees, and procedures are subject to change. You are strongly encouraged to consult with a qualified Alberta family law lawyer to obtain advice tailored to your individual circumstances. No solicitor-client relationship is created by reading or relying on this guide.