For married couples, the process is guided by the Family Property Act, which ensures an equitable division of marital property.

According to the Act, property owned before the marriage or received as gifts or inheritance may be exempt, though the increase in their value might be divisible. The Act encourages resolving disputes through negotiation or mediation. However, if parties cannot agree, the court can decide on the division. Assets may be valued as of the separation date, and married couples have up to two years from their divorce or annulment to file a claim for property division.

Furthermore, Federal Child Support Guidelines help outline support and custody decisions by providing a formula for calculating child support payments that consider the payor’s income, number of children, and province of residence. These guidelines prioritize the best interests of any involved children. Prenuptial agreements and postnuptial agreements can play a significant role as they can define the terms of asset division and financial arrangements beforehand, making the separation process more transparent and potentially less contentious.

Separation for common law couples, recognized as adult interdependent partners in Alberta, involves negotiating over asset division, support, and custody. However, without the automatic application of matrimonial property laws, these couples may rely on existing cohabitation agreements or choose to opt into the Family Property Act’s provisions. The provisions mirror those of married couples. However, common law couples have to make property division claims within two years from the date of separation.

Support and custody guidelines follow similar principles to those applied to married couples using the Federal Child Support Guidelines formula for calculating support payments. Formal agreements like a cohabitation agreement can influence these negotiations as they outline the relationship’s financial and care commitments.

In Alberta, the division of property during a separation is governed by the principle of equitable distribution. This means that property acquired during the marriage is divided fairly, though not always equally. Factors such as the length of the relationship, contributions of each partner, and future financial needs are considered. Special rules apply to the division of the matrimonial home, debt, and pensions.

Spousal support in Alberta serves to alleviate the financial disparities caused by separation, aiming to ensure equitable living standards for both individuals involved. It factors in the length of the relationship, each party’s financial situation, personal circumstances, and their respective contributions.

This support indirectly enhances the family’s stability, promoting a supportive environment for children. By maintaining financial stability, it also contributes to child welfare, ensuring that the children’s basic needs and well-being are continuously supported.

If children are involved, decisions about their custody and visitation (parenting time) arrangements are crucial. This includes determining who the children will live with, visitation schedules for the non-custodial parent, and how decisions about the children’s welfare will be made.

Child support is mandated by the Federal Child Support Guidelines. It ensures financial contributions from both parents towards their child’s welfare post-separation, prioritizing the child’s best interests. These guidelines establish a method for calculating financial support, aiming to cover essential living expenses that contribute to the child’s upbringing.