In Alberta, what most people call “common law” is technically an adult interdependent relationship under the Adult Interdependent Relationships Act. You reach that status by living together in a relationship of interdependence for three continuous years, by having a child together by birth or adoption, or by signing a formal Adult Interdependent Partner Agreement. Once you qualify, your rights and obligations closely mirror those of married spouses when it comes to property division, partner support, estate claims, and healthcare decisions.
How You Become an Adult Interdependent Partner
Three routes lead to the same legal status. The first is time: three continuous years of cohabitation in a relationship of interdependence. The second is a child together, which shortens the cohabitation requirement so long as the relationship shows some permanence. The third is a signed Adult Interdependent Partner Agreement in the prescribed form, which creates the status immediately.1Government of Alberta. Adult Interdependent Partner Agreement Regulation Both partners must be at least 18, capable of contracting, unmarried, and not already in another adult interdependent relationship. Blood relatives can use the agreement route as well, which is the only way relatives can gain this status.
A “relationship of interdependence” is not defined by a single test. Courts look at whether the relationship is exclusive, how you handle domestic life, whether you present as a couple in public, what you each contribute to the other’s well-being, how tangled your finances are, how you care for any children, and how you share property. No factor is decisive on its own. The question is whether you function as an economic and domestic unit rather than roommates who share an address.2Alberta.ca. Dividing Property Between Unmarried Partners
Federal Rules May Treat You as Common-Law Sooner
Alberta’s three-year rule is not the rule the federal government uses. The Canada Revenue Agency treats you as common-law after 12 continuous months of living together in a conjugal relationship, or immediately if your partner is the parent of your child. A separation of fewer than 90 days caused by relationship breakdown does not reset the 12-month clock.3Canada Revenue Agency. Marital Status Once you cross that line, you must report your partner’s income on your return. That changes benefit calculations for the GST/HST credit, the Canada Child Benefit, and other income-tested programs.
The Canada Pension Plan uses a one-year test for survivor benefits.4Canada.ca. Survivor’s Pension So you can be common-law for tax and pension purposes well before Alberta recognizes your relationship provincially.
Property Division If You Separate
When an adult interdependent relationship ends, property is divided under the Family Property Act, which treats interdependent partners the same as married spouses. Property acquired after the relationship of interdependence began is split equally unless a court finds an equal division would not be just and equitable. Title and account names do not control the outcome.5CanLII. Family Property Act, RSA 2000, c F-4.7
Some property is exempt from the equal split: property you owned before the relationship, third-party gifts, inheritances, tort damage awards, and insurance proceeds for personal (not property) loss.5CanLII. Family Property Act, RSA 2000, c F-4.7 The exemption protects the value on the date the relationship began or the date you acquired the asset, whichever is later. Any increase above that baseline is divisible. Exempt status can also erode when you mix the money with family assets, such as depositing an inheritance into a joint account or putting it toward a shared mortgage.
You have two years from the date you knew or ought to have known the relationship ended to file a property claim. Missing that deadline can permanently bar the claim, so treat it as firm even during informal negotiations.2Alberta.ca. Dividing Property Between Unmarried Partners Both partners owe full financial disclosure of every asset, debt, and income source. Judges can draw negative inferences when the numbers do not add up.
Support Payments
Partner support (the equivalent of spousal support) is governed by the Family Law Act, separate from property legislation.6Government of Alberta. Family Law Legislation It is not automatic. You have to show economic need or a disadvantage flowing from the relationship. Courts weigh how long you lived together, the roles each of you filled, and each partner’s ability to become self-sufficient, along with age, health, and earning potential. Support usually acts as a bridge while the lower-earning partner rebuilds financial independence, rather than a permanent transfer.
Child support is a separate obligation and takes priority. The Federal Child Support Guidelines set table amounts by the paying parent’s income and province.7Justice Laws Website. Federal Child Support Guidelines The amounts are not discretionary, and both parents must produce honest income information.
Estate Rights If Your Partner Dies
Under Alberta’s Wills and Succession Act, adult interdependent partners have inheritance rights that parallel those of married spouses. If your partner dies without a will:
- With no children, the surviving partner inherits the entire estate.
- With children who are also the surviving partner’s descendants, the surviving partner still inherits the entire estate.
- With children from another relationship, the surviving partner receives the greater of a prescribed amount or 50% of the net estate; the rest goes to the deceased’s descendants.
If the deceased leaves both a legal spouse and an adult interdependent partner, each receives half of what the statute would otherwise grant a single survivor. That situation can arise where a prior marriage was never formally ended.
A will does not automatically shut you out either. An adult interdependent partner counts as a family member who can apply for a maintenance and support order if the will fails to make adequate provision. The application must be filed within six months after the grant of probate or administration, though courts can allow later applications for undistributed portions of the estate. This right to apply cannot be waived by contract.
Healthcare Decisions When a Partner Cannot Consent
If your partner becomes incapacitated and has not signed a personal directive naming a decision-maker, Alberta’s Adult Guardianship and Trusteeship Act sets the priority list for who can consent to treatment or temporary residential placement. The adult interdependent partner sits at the top, ahead of adult children, parents, and siblings. Without recognized partner status, you have no automatic standing and the decision moves to the next person on the list.
CPP Survivor Benefits
If your partner contributed to the Canada Pension Plan and you lived together in a conjugal relationship for at least a year before their death, you can apply for the survivor’s pension.4Canada.ca. Survivor’s Pension Apply promptly. Back payments are capped at 12 months, so waiting has a real cost. A later remarriage or new relationship does not cut off the pension.
How the Relationship Legally Ends
An adult interdependent relationship ends in one of three ways. The most common is living separate and apart for one continuous year with the intent to end the relationship. Partners can live under the same roof during that year if they truly lead separate lives (separate bedrooms, separate finances, no shared meals or couple-style socializing), but courts are skeptical of same-roof separation claims, so document what changed.
The second way is a written separation agreement in which both partners declare the relationship over. The third happens automatically: if either partner marries someone else, the adult interdependent relationship ends on the wedding date. Each trigger starts its own clock on property and support limitation periods, which is why your exact date of separation matters more than most people expect.
Sponsoring a Common-Law Partner for Immigration
A Canadian citizen or permanent resident aged 18 or older can sponsor a common-law partner for permanent residency. The federal program uses its own definition and requires at least one year of cohabitation in a conjugal relationship. Signing the sponsorship undertaking commits you to supporting your partner’s basic needs, including food, clothing, shelter, and health costs not covered by public insurance, for a set period that continues even if the relationship later breaks down.8Immigration, Refugees and Citizenship Canada. Sponsor Your Spouse, Common-Law Partner, Conjugal Partner or Dependent Child – Complete Guide Know what you are signing before you sign it.