Adult Interdependent Partner (Common-Law) Separation in Alberta

An AIP is Alberta’s legal term for a “common-law partner.” You are considered AIPs if you:

• Lived together in a relationship of interdependence for 3+ years, or
• Lived together and have a child together, or
• Signed an Adult Interdependent Partner Agreement

AIPs have many of the same rights and obligations as married spouses.

Yes. Since January 1, 2020, Alberta’s Family Property Act applies to AIPs. This means property is divided using the same rules as married spouses, including:

• Equal division of family property
• Exempt property rules
• Division of increases in value
• Full financial disclosure obligations

Property subject to division includes:

• The home you lived in
• Vehicles
• Bank accounts
• Investments
• RRSPs, TFSAs, pensions
• Business interests
• Household contents
• Debts and liabilities

Exempt property (pre-relationship assets, inheritances, gifts) may still have increases in value that are divisible. Our full guide: common-law property and support rights.

Yes. AIPs may qualify for spousal support under the Family Law Act (Alberta). Entitlement is based on:

• Economic disadvantage
• Income disparity
• Roles during the relationship
• Need and ability to pay
• Length of the relationship

Once entitlement is established, the Spousal Support Advisory Guidelines (SSAG) help determine amount and duration.

Child support for AIPs is calculated using the Federal Child Support Guidelines, just like married parents. This includes:

• Base (table) child support
• Section 7 expenses
• Shared or split parenting calculations

Evidence may include:

• Length of cohabitation
• Joint finances or bank accounts
• Shared bills or leases
• Children together
• A signed AIP Agreement
• How you presented yourselves publicly

Courts look at the overall nature of the relationship. Our full guide: when you become common law in Alberta.

An AIP relationship ends when:

• You live separate and apart for 1 year, or
• One partner marries someone else, or
• You sign a written agreement ending the relationship, or
• One partner dies

Yes, and the deadlines are strict. AIPs must start a claim:

• Within 2 years of separation, or
• Within 2 years of the relationship ending, or
• Within 6 months of a partner’s death (for certain estate claims)

Missing these deadlines can permanently bar your claim. Our full guide: common-law property rights and deadlines.

This is common. Courts may look at:

• Cohabitation length
• Financial interdependence
• Emotional and domestic partnership
• Whether you functioned as a family unit

Evidence matters, and early legal advice is crucial.

A separation agreement is strongly recommended. It can address:

• Property division
• Spousal support
• Parenting and child support
• Disclosure obligations
• Future dispute-resolution processes

A properly drafted agreement with independent legal advice provides clarity and prevents future disputes.

Pre-relationship assets may be exempt, but:

• Increases in value during the relationship may be divisible
• Joint contributions may affect exemptions
• Tracing may be required to prove exemptions

This is often a complex analysis.

The home is typically considered family property, even if only one partner’s name is on title. Options include:

• One partner buying out the other
• Selling the home and dividing proceeds
• Temporary exclusive possession (in limited cases)

AIP separations can be resolved through:

• Negotiation
• Mediation
• Arbitration
• Collaborative law

Court is available when necessary, but most matters settle outside of litigation.

Both partners must provide full financial disclosure, including:

• Tax returns and Notices of Assessment
• Bank and investment statements
• Pension and RRSP information
• Business financials
• Property appraisals
• Debt and loan records

Disclosure is essential for a fair and enforceable agreement.

The first step is a consultation to confirm AIP status, review property and financial issues, and outline your rights and obligations. From there, a tailored strategy is developed to protect your interests and achieve a fair, durable resolution.