Ben Nguyen 
What is a Common Law Relationship in Alberta?
In Alberta, the term “common law relationship” has been replaced by “adult interdependent relationship” (AIR) since 2003. An AIR is a relationship outside of marriage where two people share their lives, are emotionally committed to one another, and function as an economic and domestic unit. These adult interdependent partnerships come with extensive legal rights and responsibilities similar to those of married spouses.
According to the 2021 Census, in Alberta:
- 58.9% of adults lived in a couple, 41.1% were not in a married or common-law union
- Among that, 49.3% were married
- and 9.6% were in common-law unions
(source)
Understanding how common law relationships in Alberta work is crucial for ensuring your rights are protected. This guide will explain everything you need to know as an AIR couple in Alberta, including:
- What qualifies as an adult interdependent relationship
- The legal rights and responsibilities of AIR partners
- How adult interdependent relationships can be terminated
- Division of property when an AIR ends
- Estate planning considerations for adult interdependent partners
How Do You Qualify as Adult Interdependent Partners in Alberta?
Alberta’s Adult Interdependent Relationships Act defines the criteria for a couple to be considered adult interdependent partners. To qualify as AIR partners under the law, couples must meet one of three conditions:
Living Together for 3+ Years
If a couple has cohabited for a continuous period of at least 3 years, they qualify as AIR partners. The three years does not need to be the most recent period – it can have been at any point during the relationship.
Living Together with Permanence
Couples who have lived together for less than three years can still be considered interdependent partners if they live together with permanence. Having a child together is an example of permanence that would make a couple AIR partners.
Signing an Adult Interdependent Partner Agreement
Finally, couples can gain recognition as adult interdependent partners by signing an adult interdependent partner agreement. This is a legal document outlining the rights and responsibilities each partner agrees to.
It’s important to note that AIRs are not limited to romantic or sexual relationships. Platonic and familial relationships can also potentially qualify as AIRs as long as they meet the criteria outlined above.
The concept of AIRs in Alberta provides legal recognition and protection for unmarried partners who have formed a significant domestic and economic bond. This recognition can impact various legal matters, such as property division, support obligations, and estate planning.
What Are the Legal Rights and Responsibilities of Adult Interdependent Partners?
The rights and responsibilities of adult interdependent partners are extensive and nearly identical to those of married spouses under Alberta law. Key implications include:
Property Division
The property division rules for married couples under Alberta’s Family Property Act also apply to AIR partners. This means assets acquired during the relationship are divided fairly, but not necessarily equally, if the relationship ends.
Courts determine property division on a case-by-case basis, considering factors like contributions during the relationship, types of property, and each partner’s situation upon separation.
Gifts and inheritances are generally exempt, and each partner typically keeps assets they brought into the relationship.
Inheritance
If one AIR partner dies without a will, the surviving partner can inherit in the same manner as a married spouse under Alberta’s Wills and Succession Act.
The surviving partner has priority to apply to administer the estate. They are also treated as a dependent with inheritance rights.
According to statistics, the majority of Albertans in common law relationships do not have wills in place. Additionally, many are unaware that common-law partners do not automatically inherit assets without a will like married spouses do.
This lack of estate planning suggests that proper wills and inheritance arrangements are often missing for common-law couples. It highlights the need for better legal planning to prevent assets from passing unintentionally. Consulting an estate lawyer can provide guidance on drafting wills and protecting partners.
Proper estate planning is essential for both partners in a common law relationship to ensure their wishes are followed and assets pass how they intend. Having valid wills prevents dependence on Alberta’s intestacy laws, which may not distribute an estate as desired if one partner dies without one.
Healthcare Decisions
- AIR partners can make medical decisions for an incapacitated partner, including treatments, medications, and surgeries.
- This right is similar to the decision-making ability of married spouses.
- Partners should discuss these scenarios in advance and clarify wishes.
Taxation Rights
- AIR couples have the same tax filing status and benefits as married couples.
- They can file joint returns, make spousal RRSP contributions, and claim related tax credits.
Other Legal Rights
Other rights parallel to marriage include:
- Child support – determined the same as for married couples
- Insurance benefits – partners are often eligible for each other’s workplace or auto insurance
- Pension benefits – partners may be entitled to pensions if their partner dies
- Income assistance – AIR status can affect eligibility for government income assistance
In most areas of Alberta law, AIR partners have rights and responsibilities similar to those of married couples when it comes to property, inheritance, taxes, and benefits.
How Can an Adult Interdependent Relationship Be Terminated?
An adult interdependent relationship (AIR) can be terminated in several ways under Alberta law:
Mutual Agreement to Separate
- Both AIR partners can agree in writing to end their relationship and live apart from each other.
- This written agreement should state the intention of both partners to terminate the AIR and stop functioning as an economic and domestic unit.
- Having this documentation prevents future disputes about when exactly the relationship ended.
One Year Separation
- If the AIR partners have lived separate and apart for one year continuously, and they intend to end the relationship, it will be considered terminated.
- The partners must have separate residences and cannot be living in the same home.
- There must be evidence that both partners intended to end the relationship during the one-year separation.
Marriage to Another Person
- If one partner in the AIR marries someone else, the adult interdependent partnership will immediately terminate.
- The partner marrying must provide notice to the other AIR partner that they intend to marry and end the AIR.
Entering a New AIR
- If one AIR partner enters into a new adult interdependent relationship with someone else, it terminates any previous AIR.
- The new relationship must meet the criteria for an AIR under Alberta law.
- The partner entering the new relationship must provide notice to the previous partner that the initial AIR has ended.
Court Declaration
- Either AIR partner can apply to the court for a declaration that the relationship is irreconcilable.
- If granted, this court declaration officially terminates the adult interdependent partnership.
- Only a judge can issue a declaration of irreconcilability after reviewing evidence about the relationship breakdown.
Once an adult interdependent relationship is successfully terminated through one of the above methods, the division of property and assets must be handled similarly to a divorce:
- The excluded property belongs solely to the original owning partner.
- Family property and assets acquired jointly during the AIR must be divided fairly.
- Increases in the value of the excluded property may need to be shared.
- Debts incurred together must also be divided.
Ending an AIR can be complex, especially when determining the division of assets, property, and debts. Having professional legal advice can help navigate this process during a challenging transition. Partners should take care to formally terminate the relationship and properly separate financial affairs.
What Estate Planning Should Adult Interdependent Partners Do?
Adult interdependent partners in Alberta need proper estate planning to protect each other and ensure their wishes are followed. Recommendations include:
Sign a Cohabitation Agreement
- A cohabitation agreement outlines the division of property and assets if the AIR ends.
- It sets clear expectations in advance and prevents nasty surprises later.
- Key things it can address are property division, asset distribution, debt obligations, spousal support, and child custody.
- These should be drafted by a lawyer to ensure enforceability. Both partners must consent.
Make a Will
- Without valid wills, AIR partners risk assets passing to unintended beneficiaries if they die.
- Make a legal will specifying who inherits your property and name your partner as executor.
- Update your will if the relationship ends or circumstances change.
- Review and update it regularly, at least every 3-5 years.
- Store the original in a safe place and give copies to your executor and lawyer.
Review Beneficiaries
- Review all insurance policies and financial accounts to ensure payouts and transfers go to the right person.
- Accounts often default to “spouse,” which may not capture common law partners – update this.
- Name specific individuals as beneficiaries, not just “spouses” or “children.”
Understand Intestacy Rules
- Alberta’s intestacy laws only recognize AIR partners if they meet the legal definition.
- Review the estate administration process if one partner dies without a will.
- Assets may not pass how you intend if you die intestate.
Communicate with Lawyers
- Inform your estate lawyer of your AIR status and provide proof if needed.
- Documentation includes adult interdependent partner agreements, joint bills, deeds, etc.
- Ensure your lawyer understands your wishes if one partner dies or if you separate.
- Your lawyer can help ensure your estate plan properly recognizes the AIR.
Why Is Estate Planning Important for Adult Interdependent Partners?
Research shows that adult interdependent partners are significantly less likely to have wills in place compared to married couples. While most experts recommend all adults have a will, the rate of uptake is lower among those in adult interdependent relationships. Some reasons for this may include the misconception that adult interdependent partners automatically inherit like spouses, lack of awareness about estate planning needs, not realizing intestacy rules may not reflect wishes, and finding the process overly complex or costly.
This situation highlights the need for better estate planning among adult interdependent partners to ensure their rights and assets are protected. A valid will prevents dependence on intestacy laws and provides certainty that a surviving partner inherits as intended. Consulting an estate planning lawyer can help adult interdependent partners draft wills, powers of attorney, and other documents to safeguard each other. Proper legal planning provides peace of mind that both partners’ wishes will be followed if one dies or becomes incapacitated.s of attorney and other documents to safeguard each other. Proper legal planning provides peace of mind that both partners’ wishes will be followed if one dies or becomes incapacitated.
Key Takeaways
- Adult interdependent relationship (AIR) is the term used instead of common law in Alberta since 2003
- Couples must cohabit for three years, have a child together, or sign an agreement to be recognized as AIR partners
- AIRs confer extensive legal rights and responsibilities similar to marriage
- Ending an AIR involves dividing assets and debts, much like a divorce
- Proper estate planning is essential for common-law couples to protect each other
The laws governing AIRs allow Alberta courts to treat unmarried couples fairly. However, these relationships also have complex legal implications. Taking the time to understand your rights, plan properly, and consult professionals will help ensure you and your partner are protected.
Get Your Finances in Order as Common Law Partners
Now that you understand common law relationships in Alberta, you can move forward confidently. But, proper planning is still essential to protect your assets in case of separation.
Don’t leave it to chance – get in touch for a free consultation to discuss your needs. We’ll ensure you have effective legal plans in place so you can focus on your relationship with peace of mind.
Contact Life buzz to learn more about safeguarding your family and finances as common-law partners in Alberta.
To further expand your understanding of cohabiting and adult interdependent partnerships, be sure to also explore each province for topic Common Law in Canada :
Frequently Asked Questions (FAQs) about Common Law Relationships in Alberta
How do common law couples in Alberta go about getting legally separated?
The process for legally separating as a common law couple in Alberta involves filing paperwork to terminate your adult interdependent partnership and then dividing assets either mutually or through mediation or courts. Having a prior cohabitation agreement simplifies the process.
What are the property rights for common law couples in Alberta when separating?
Common law couples in Alberta have similar property rights as married couples when separating. Assets acquired during the relationship get divided fairly based on factors like contributions and needs, while excluded property brought in initially remains with the original owner.
Can one member of a common-law couple in Alberta take the other partner's last name?
No, unlike with marriage, there is no provision in Alberta for one common-law partner to legally change their last name to match their partner's last name. Any name change would need to follow the standard legal name change process.
How do common law couples in Alberta qualify for spousal RRSP contributions?
Common law couples in Alberta can make spousal RRSP contributions if they meet the requirements for an adult interdependent relationship, including living together for over three years. Their tax status mirrors that of married couples.
What debt obligations do common-law couples in Alberta have when separating?
Common law couples in Alberta dividing assets upon separation must also divide any debts incurred jointly during the relationship fairly between both partners. This includes credit cards, loans, mortgages, and other shared debts.
Can common-law couples in Alberta file taxes jointly?
Yes, common-law couples in Alberta have the option to file joint tax returns and receive the same credits, deductions, and tax treatment as married couples. Filing jointly often results in tax savings.
How do common law couples in Alberta settle their partner's estate without a will?
The estate of the deceased common law partner in Alberta will pass according to intestacy laws if no will exists. The survivor must prove they qualify as an adult interdependent partner to potentially inherit or administer the estate.
What agreements should common-law couples in Alberta have to protect assets?
Common law couples in Alberta should consider a cohabitation agreement outlining asset division upon separation and will ensure their partner inherits upon death. This clarifies expectations and avoids disputes.
Can common-law couples in Alberta purchase a home together?
Yes, common-law couples in Alberta have the same right as married couples to jointly purchase and own residential property. All standard real estate laws apply regardless of marital status.
How do common law couples in Alberta divide retirement savings when separating?
Retirement assets like RRSPs acquired by common law couples in Alberta during their relationship are considered family property and divided fairly between both partners when separating based on contributions.
Can common-law couples in Alberta open a joint bank account together?
Yes, common-law couples in Alberta have the option to open joint bank accounts with shared access, the same as married couples. This can be convenient for managing shared expenses.
Are common-law couples in Alberta eligible for the same insurance benefits?
Common law couples in Alberta are eligible for partner benefits on both auto insurance and workplace health benefits, similar to married couples, as long as they meet the criteria for an adult interdependent relationship.
How can common-law couples in Alberta ensure their partner inherits estate assets?
Common law couples in Alberta should have properly executed wills and named beneficiaries so that their partner clearly inherits assets like real estate, accounts, pensions, and insurance proceeds upon death.
What happens to inherited assets when common-law couples in Alberta separate?
Any assets acquired through inheritance by common law couples in Alberta remain the excluded property of the inheriting partner. These do not get divided as part of regular family property.
How do common-law couples in Alberta divide household items when separating?
Common law couples in Alberta should aim to mutually divide household items like furniture either informally or through mediation. Items gifted to one partner or owned before the relationship are not considered shared property.
Can one member of a common-law couple in Alberta be the sole owner of a vehicle?
Yes, with common law couples in Alberta, either partner can be the sole registered owner of a vehicle. Upon separation, the partner's property remains excluded unless its value increases significantly during the relationship.
Do common law couples in Alberta require a partition agreement to divide assets?
If common-law couples in Alberta can mutually agree, a partition agreement drawn up by a lawyer can formalize the division of assets and debts upon separation instead of going to court.
What happens if only one partner in a common-law couple in Alberta contributes to a mortgage?
Even if one common-law partner in Alberta alone paid the mortgage, the increase in home value is typically shared upon separation. The excluded property applies only to assets brought into the relationship.
How can a common-law couple in Alberta prepare for the separation or death of a partner?
Common law couples in Alberta should sign a cohabitation agreement, draft wills and powers of attorney, review beneficiaries, close joint accounts, and seek legal advice to prepare for separation or death of a partner.
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