Family Law Act (SA 2003, c F-4.5)

Canada is a no-fault divorce country. The only commonly used ground is that the spouses have lived separate and apart for at least one year immediately before the court grants the divorce. Adultery and physical or mental cruelty remain as fault-based grounds but are rarely used. Spouses may resume cohabitation for up to 90 days to attempt reconciliation without restarting the one-year clock.

Effective: 2021

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 proceeding is commenced. The case is filed in the Alberta Court of King's Bench, which has exclusive jurisdiction over divorce matters.

Effective: 2021

Alberta does not use the term 'common-law spouse.' Two people become adult interdependent partners (AIPs) if they have lived together in a relationship of interdependence for at least 3 continuous years, or have a child together, or have signed a formal AIP agreement. AIPs have rights to property division and partner support similar to married spouses when the relationship ends.

Effective: 2003

When married spouses or adult interdependent partners separate, all non-exempt property acquired during the relationship is divided equally (50/50) as the default starting point. The court may order unequal division only if equal division would not be just and equitable after considering the factors in section 8. Property is valued at the date of trial, not the date of separation.

Effective: 2020

Certain property is exempt from division: property owned before the relationship began, gifts from third parties, inheritances, and awards or settlements for damages (such as personal injury). However, any increase in the value of exempt property during the relationship is divisible. The spouse claiming an exemption bears the burden of proving the asset is traceable to exempt property.

Effective: 2020

When deciding whether equal division is just, the court considers 13 factors including: each spouse's contributions to the marriage (including homemaking and parenting), contributions to acquiring or conserving property, income and earning capacity of each spouse, duration of the marriage, whether property was acquired during separation, terms of any agreement, tax consequences, and whether a spouse dissipated property to the other's detriment.

Effective: 2020

Spouses and AIPs may enter a written agreement (prenuptial, postnuptial, or cohabitation) that overrides the default equal-division rules. To be enforceable, each party must acknowledge in writing — separately and before a different lawyer — that they understand the agreement, are aware of the property claims they are giving up, and are signing voluntarily. Agreements not meeting section 38 requirements are unenforceable but may still be considered by the court as one factor in division.

Effective: 2020

A claim for division of family property must be brought within 2 years. For married spouses, the clock starts from the date of the divorce judgment. For adult interdependent partners, the limitation runs from the date they knew or ought to have known the relationship ended. Missing this deadline can forfeit the right to claim property division entirely.

Effective: 2020

All parenting decisions must be based solely on the child's best interests. The court must ensure the greatest possible protection of the child's physical, psychological, and emotional safety. Section 18(2) lists 11 factors the court considers, including the child's needs at their stage of development, the benefit of maintaining meaningful relationships, each guardian's ability to care for the child, and the child's views. Family violence is specifically addressed in section 18(7).

Effective: 2005

In Alberta, a parent automatically becomes a guardian if they are aware of the pregnancy or birth within one year — this is tied to guardianship, not just parentage. Guardians share powers, responsibilities, and entitlements and must cooperate and share information about the child. A parent who committed sexual assault resulting in the pregnancy is not eligible for automatic guardianship. Non-parents (such as grandparents) can apply to the court for appointment as guardian.

Effective: 2005

If guardians cannot agree on parenting arrangements after separation, either may apply for a parenting order. The order defines 'parenting time' — the time during which a guardian has day-to-day care and decision-making for the child. Orders can be made for a definite or indefinite period and may include conditions such as requiring 60 days' notice before relocating. The court may also vary existing orders when circumstances change.

Effective: 2005

A person who is not a guardian — such as a grandparent, step-parent, or other family member — can apply for a contact order granting time with the child. Grandparents do not need the court's permission to apply if the parents are separated or one parent is deceased. Contact can take the form of visits, phone calls, written communication, or any other method. The court must be satisfied that contact is in the child's best interests.

Effective: 2005

For divorcing parents, the federal Divorce Act governs parenting arrangements. The court may make orders allocating parenting time and decision-making responsibility (formerly 'custody'). Decision-making responsibility covers significant decisions about health, education, and religion and may be allocated to one parent, both, or any combination. The person with parenting time has authority over day-to-day decisions during their time with the child.

Effective: 2021

A parent who wants to relocate with a child must give 60 days' written notice to the other parent. If the other parent objects within 30 days, the relocating parent must apply to court. The burden of proof shifts based on the existing arrangement: if parenting time is substantially equal, the relocating parent must prove the move is in the child's best interests. If the child spends the vast majority of time with the relocating parent, the opposing parent must prove the move is not in the child's best interests.

Effective: 2021

Both parents are legally obligated to financially support their children — child support is the right of the child. When parents who are not divorcing separate, the Alberta Child Support Guidelines (which mirror the Federal Guidelines) determine the amount based on the paying parent's income, number of children, and parenting arrangement. The court must follow the guidelines but may award a different amount if special provisions in an existing agreement already benefit the child, or with consent of both parties.

Effective: 2005

For divorcing parents, the Federal Child Support Guidelines apply. The amount is based on the paying parent's annual income and the number of children, using standardized tables. Special or extraordinary expenses (such as childcare, medical, and extracurricular costs) are shared proportionally on top of the base amount. The child support tables were updated on October 1, 2025. The court may depart from the table amount only in limited circumstances.

Effective: 2021

Every spouse and adult interdependent partner has an obligation to support the other. The court may order support when spouses are experiencing discord making cohabitation unreasonable, when one spouse has neglected to provide necessaries of life, or (for AIPs) upon a declaration of irreconcilability. The court considers each party's condition, means, needs, and circumstances, including the length of the relationship, roles during it, and each person's ability to become self-sufficient.

Effective: 2005

For divorcing spouses, the court may order one spouse to pay periodic or lump-sum support to the other. The four objectives are: recognize economic advantages or disadvantages from the marriage, apportion financial consequences of caring for children, relieve economic hardship from the marriage breakdown, and promote each spouse's economic self-sufficiency. Marital misconduct is explicitly excluded from consideration. The Spousal Support Advisory Guidelines (non-binding) provide ranges for amount and duration based on the length of marriage and income difference.

Effective: 2021

When both child support and spousal support are being considered, child support always takes priority. If the paying parent cannot afford both, the court must fund child support first and reduce or eliminate spousal support. The court must record reasons when spousal support is reduced due to this priority rule. If child support later decreases or ends, that constitutes a change in circumstances allowing the recipient spouse to apply for spousal support.

Effective: 2021

Spouses must live separate and apart for at least one year before the court can grant a divorce on the ground of marriage breakdown. The divorce application can be filed before the year is up, but the divorce cannot be granted until the full year has passed. Spouses may attempt reconciliation for up to 90 days without restarting the clock. An uncontested divorce in Alberta typically takes 4–6 months to process after the separation period is complete.

Effective: 2021

Divorce cases are filed in the Alberta Court of King's Bench. The filing fee is approximately CAD $260. The petitioner files a Statement of Claim for Divorce and serves the other spouse with the documents. If the other spouse does not respond within 20 days, the case may proceed uncontested. Fee waivers are available for those who cannot afford the filing fee. Alberta offers a digital filing service for family law matters.

Effective: 2024

Alberta's family-focused court protocol requires parties to attempt alternative dispute resolution (ADR) — such as mediation, collaborative law, or four-way settlement meetings — within 6 months of bringing the matter to court. The court provides free mediation when one spouse earns less than $60,000 per year. Parties are expected to complete financial disclosure, parenting education, and ADR attempts before formal court involvement.

Effective: 2026

Either former spouse may apply to vary, rescind, or suspend a child support, spousal support, or parenting order if there has been a material change in circumstances since the original order. For child support variations, the court must follow the applicable guidelines. For spousal support variations, the court applies the same four objectives as the original order. A child's relocation is specifically deemed a change in circumstances for parenting order variations.

Effective: 2021

Alberta provides two types of protection orders. Emergency Protection Orders (EPOs) can be obtained urgently — even by telephone — without notifying the abuser, if family violence has occurred and immediate protection is needed. A justice of the peace or provincial court judge can grant an EPO, which takes effect immediately and is reviewed within 9 working days. King's Bench Protection Orders (KBPOs) are applied for on notice to the respondent and can last up to one year with renewals. Both can prohibit contact, remove the abuser from the home, and seize weapons.

Effective: 2000

Family violence is a mandatory consideration in all parenting decisions. The court must assess the nature, seriousness, and frequency of the violence; whether it was directed at the child or another family member; the impact on the child and their relationship with the violent person; and whether the person has taken steps to prevent further violence. The court must also consider whether ordering cooperation between a victim and abuser is appropriate.

Effective: 2021

Alberta has specific enforcement provisions for when one parent refuses to comply with a parenting order. The court can require the non-compliant parent to post security (a cash deposit) that they forfeit if they deny parenting time again, pay a penalty of up to $100 per day the child was not returned, and reimburse expenses caused by the non-compliance. These provisions apply to parenting orders, contact orders, and orders made under the Divorce Act.

Effective: 2005

Parents may file a parenting plan — a written agreement setting out how they will share parenting time, decision-making responsibility, and contact arrangements. The court must include the parenting plan in the order unless it determines the plan is not in the child's best interests, in which case it may modify the plan. Parenting plans encourage cooperative arrangements and reduce the need for court-imposed decisions.

Effective: 2021

When spouses or adult interdependent partners own property both inside and outside Alberta, the court may distribute the Alberta property in a way that accounts for the total value of all property wherever it is located. This allows the court to achieve an equitable overall division even when some assets are in other provinces or countries and beyond the court's direct jurisdiction.

Effective: 2020

A parent who is a guardian may appoint a replacement guardian for their child in a will or signed document, which takes effect upon the parent's death. The appointee may accept or decline the appointment. If more than one person is named, any one of them may accept even if others decline. This provides an important mechanism for parents to plan for their children's care if they die while the children are still minors.

Effective: 2005