Alberta Property Division Calculator

Alberta presumes equal (50/50) division of all family property under Section 7(4) of the Family Property Act. Family property includes all assets and debts acquired during the marriage — real estate, vehicles, bank accounts, investments, and pensions. Courts may order unequal division under Section 8 when factors like financial contributions, relationship length, or asset dissipation make equal division unjust.

Family property in Alberta includes everything owned by either spouse acquired during the marriage or adult interdependent relationship. This covers real estate, household goods, vehicles, bank accounts, investments, RRSPs, pensions, business interests, and all debts. Even property held in only one spouse's name is subject to division if it accumulated during the relationship.

Alberta follows neither model exactly. Under the Family Property Act, Alberta presumes equal (50/50) division of non-exempt family property — similar to community property. However, courts can order unequal division under Section 8 based on fairness factors — similar to equitable distribution. This hybrid approach starts with equality but allows judicial discretion when a 50/50 split would be unjust.

Pensions and RRSPs accumulated during the marriage are family property subject to equal division under the Family Property Act. Division requires a Family Property Order (FPO) — Alberta does not use the American QDRO system. RRSPs transfer tax-free between spouses using CRA Form T2220. CPP credits earned during the relationship can also be split through Service Canada upon separation.

Both spouses have equal right to possess the family home regardless of whose name is on title, until property division is resolved. If one spouse owned the home before marriage, the pre-marriage value may be exempt under Section 7(2), but any increase in value during the marriage is divisible. Options include selling and splitting proceeds, one spouse buying out the other, or a deferred sale arrangement.

Yes, inheritances are exempt from division under Section 7(2) of the Family Property Act. However, the exemption requires tracing — you must prove the inheritance has not been commingled with family property. If inherited funds were deposited into a joint account used by both spouses, the exemption may be lost. Any increase in the inheritance's value during the relationship is also divisible under Section 7(3).

Debts acquired during the marriage are family property and presumed to be divided equally under the Family Property Act. This includes mortgages, credit cards, lines of credit, and loans taken by either spouse during the relationship. Courts may assign more debt to one spouse under Section 8 if that spouse incurred it recklessly or dissipated assets, which is specifically addressed in Section 8(l).

Under Section 8 of the Family Property Act, courts weigh: each spouse's contributions to the marriage and family welfare (including homemaking and parenting), financial contributions to acquiring or improving property, each party's income and earning capacity, liabilities and financial resources at marriage and at trial, the length of the relationship, and whether either party dissipated assets. Courts also have discretion to consider any other relevant fact or circumstance.