Key Takeaways
- Since 2020, common-law partners who qualify as adult interdependent partners divide family property under the same Alberta legislation as married spouses.
- You are generally an adult interdependent partner after three continuous years of living together, sooner if you have a child together or sign an adult interdependent partner agreement.
- Partner support may be available where there is a real economic imbalance, and property claims carry a firm deadline: generally two years from when you knew the relationship had ended.
- Living together does not automatically give you these rights, and a cohabitation agreement lets you set your own terms. Getting advice early protects you either way.
Alberta family law changed significantly for unmarried couples in 2020, and a lot of people still operate on the old assumptions. Some believe that living together for six months makes them common-law with full rights. Others believe that because they never married, they walk away with only what is in their own name. Both are wrong, and the gap between what people assume and what the law actually says is where common-law partners get hurt. This guide explains what common-law partners in Alberta are entitled to when a relationship ends, and the deadlines and steps that protect those rights.
"Common Law" in Alberta Means Adult Interdependent Partner
Alberta does not use the phrase "common-law spouse" in its legislation. The legal category is the adult interdependent partner, defined in the Adult Interdependent Relationships Act. In general terms, you are an adult interdependent partner if you have lived with another person in a relationship of interdependence for at least three continuous years, or for less time if you have a child together by birth or adoption, or if the two of you signed an adult interdependent partner agreement. Whether a given relationship qualifies can be more involved than the three-year rule suggests, and our guide to when you become common law in Alberta goes through the qualifying tests in more detail.
The point that matters here is what the status unlocks: once you qualify, you have property and support rights that unmarried couples in Alberta did not have before 2020.
Property Rights: Since 2020, the Same Framework as Married Spouses
Before 2020, unmarried couples in Alberta had no statutory right to divide property; they were left to difficult and unpredictable claims in the courts. That changed when the Family Property Act was extended to adult interdependent partners. Today, qualifying common-law partners divide family property under the same framework as married spouses.
In broad strokes, that framework presumes an equal division of the property the couple built during the relationship, regardless of whose name it is in. It also protects certain exempt property, such as assets one partner brought into the relationship, gifts from third parties, and inheritances, provided that property can be traced. Our article on what money is exempt from division explains how tracing works and where exemptions are lost. For a fuller picture of how the division itself is handled, see our property division page.
The practical takeaway: if you are a qualifying common-law partner, the home, the savings, the pensions, and the business interests built during the relationship are generally on the table, and being unmarried no longer keeps them out of the division.
Support Rights: Partner Support Under the Family Law Act
Adult interdependent partners can also seek partner support under Alberta's Family Law Act. It works much like spousal support for married couples: it is meant to address the economic consequences of the relationship and its breakdown, such as where one partner earns far less because of the roles the couple adopted, or gave up career progress to raise children or support the other's work. Whether support is payable, how much, and for how long depend on the length of the relationship, each partner's circumstances, and the standard tools that apply to spousal support. Our spousal support page explains those factors, and the same free Alberta spousal support calculator gives a rough estimate for partner support as well.
The Deadline That Catches People
Common-law claims come with a limitation period that is easy to miss. A property claim between adult interdependent partners generally must be started within two years of the date a partner knew or ought to have known that the relationship had ended. That clock can run while people are still sorting out living arrangements or hoping to reconcile, and once it expires the right to claim can be lost. If your relationship has ended or is ending, this is the single most important reason not to wait to get advice.
You Can Set Your Own Terms
The rules above are the default. Couples are free to agree on something different, before or during the relationship, through a cohabitation agreement, or at the end through a separation agreement. A cohabitation agreement can define what counts as shared property, whether partner support will be paid, and how things will be handled if the relationship ends, which is particularly worth considering where one partner brings a business, a home, or significant assets into the relationship. Our domestic agreements page covers cohabitation agreements, and our guide to separation agreements in Alberta explains what makes an end-of-relationship agreement enforceable. To hold up, these agreements need the same care as any family property contract: full disclosure, independent legal advice, and the required acknowledgments.
What to Do If You Are Separating
- Confirm your status. Whether you qualify as an adult interdependent partner drives everything that follows.
- Note the date. Identify when the relationship ended, because the two-year clock runs from there.
- Gather the financial picture. Property division depends on what each of you owns, owes, and earns, and on what can be traced as exempt.
- Get advice early. Common-law files are often more contested on the threshold questions than married ones, and early advice protects your position and your deadline.
Frequently Asked Questions
Do common-law partners split property in Alberta?
Qualifying adult interdependent partners divide family property under the same Family Property Act framework as married spouses. Since 2020, being unmarried no longer keeps property built during the relationship out of the division.
Is the house split if it is only in my partner's name in Alberta?
Title alone does not decide it. For qualifying adult interdependent partners, property built during the relationship is presumptively shared regardless of whose name it is in, subject to exemptions such as what a partner brought into the relationship.
Can a common-law partner get support in Alberta?
Yes. Adult interdependent partners can seek partner support under the Family Law Act. Whether it is payable, and how much, depends on the economic circumstances of the relationship, much like spousal support for married couples.
Is there a deadline to make a common-law property claim?
Generally yes. A property claim between adult interdependent partners must usually be started within two years of when a partner knew or ought to have known the relationship had ended. Waiting can cost you the right to claim.
Can we set our own rules instead of the default ones?
Yes. A cohabitation agreement or a separation agreement can set your own terms, provided it is made with full disclosure and independent legal advice. This is especially worth doing where one partner brings a business, a home, or significant assets into the relationship.
Know Where You Stand
Common-law separations often turn on financial questions, tracing exempt property, valuing a business, and sorting out support, and those are exactly the issues where early advice pays off. William Aadil Musani practiced corporate law, tax law, and mergers and acquisitions before founding Cunningham Family Law, and brings that financial lens to common-law property and support matters. Book a confidential consultation or call (403) 804-0497.
This article is general information about Alberta family law and is not legal advice. Reading it does not create a solicitor-client relationship. Every situation is different, and you should speak with a lawyer about your specific circumstances.
William Aadil Musani is a Calgary family lawyer and the founder of Cunningham Family Law. Before family law, he practiced corporate law, tax law, and M&A with international firms and a Tier-1 Canadian tax boutique, experience he now applies to financially complex divorce and separation matters. More about William →