Ending a common law relationship can feel overwhelming. For many couples, years of shared life are suddenly followed by difficult conversations about who stays in the home, how to divide finances, and what happens with the children. Unlike a marriage, there is no formal divorce process to mark the end of a common law partnership, and this lack of ceremony can often make things even more confusing.

In Canada, the rules of when a common law relationship starts, how to end one, and their entitlements vary depending on where you live. However, in Alberta, common law partners are legally recognized under the term “Adult Interdependent Relationship.” This legal status carries with it certain rights and obligations, much like those that apply to married spouses.

Understanding your legal rights, what that means, and how it affects your next steps, can make all the difference between a stressful, drawn-out battle and a smoother, more confident transition into the next stage of your life.

How to End a Common Law Relationship

Unlike legally married couples, you do not have to live apart for a year before your common law relationship is considered over. In Alberta, a common law relationship ends as soon as one or both partners decide it is over and act accordingly. There is no waiting period and no formal “divorce” process for common law couples.

That said, it is essential to establish a clear date of separation. You do not have to file any official documents to set the date, but it is wise to make it clear in case questions come up later. You can establish the separation date by putting it in writing, such as in a separation agreement, confirming the date in emails or texts between you and your partner, or notifying agencies such as the Canada Revenue Agency when your common law status changes.

However, what happens next depends on several important factors.

If they had signed a cohabitation agreement, or Adult Interdependent Partner Agreement, the agreement itself may outline how property, finances, and responsibilities will be handled. This can simplify the separation process, because the partners have already agreed in advance on some of the key issues.

If there were no agreement in place, then Alberta’s family law steps in. The Family Property Act generally treats the partners like married couples, meaning property and debts acquired during the relationship are divided fairly, and spousal support may be available if one partner was financially dependent on the other. Where children are involved, parenting arrangements and child support must be determined, regardless of whether a contract exists.

Because these issues can quickly become complicated or disputed, it is usually best to create a separation agreement when the relationship ends. A separation agreement is a written document that outlines property division, how debts will be paid, who will pay child support, whether spousal support is required, and how parenting and child custody will be handled. Even if the breakup is amicable, having everything written down and signed by both partners helps prevent misunderstandings and ensures that both parties’ rights are protected.

How Long Do You Need to Live Together for Common Law Status in Canada?

People often talk about being “common law” as if there’s a magic time period after which you’re automatically considered spouses. You might have heard myths like “after 6 months of living together, you’re in a common law relationship” or “a year of cohabitation makes you common law married.” In reality, there isn’t one single rule across Canada for all purposes.

For federal programs and taxes, the Government of Canada typically considers you common law after 12 continuous months of living together in a conjugal relationship. It can be less than 12 months if you have a child together and live with that child. This one-year rule is used by agencies like the Canada Revenue Agency, and for things like immigration sponsorship and federal benefits (for example, if you apply for the Canada Child Benefit as a couple, or sponsor a partner for immigration, you need to declare a common law relationship status after one year of cohabitation). So, from the federal perspective, one year is the benchmark in most cases.

However, most other provinces have cohabitation periods ranging from 2 to 3 years for various rights. Suppose you separate before reaching the common law relationship threshold for your province and you have no children, you generally can’t claim spousal support or property division under the family law. You are simply two individuals who split up. You’d each keep your property (unless a joint asset is involved), and you wouldn’t owe your former partner spousal support.

You might still have some obligations. For example, if you signed a cohabitation agreement or if one of you contributed to the other’s property, there could be contractual or equitable claims. But the statutory rights (the ones written in law for common law partners) wouldn’t apply yet.

Of course, if you have a child together, even if you separate before, say, reaching 3 years, you are both parents under the law. You will have to deal with custody and child support. The existence of a child can also trigger some spousal support rights in many provinces regardless of the cohabitation duration, because the law assumes there was a relationship of permanence if you planned to raise a child together.

Knowing the timeline helps you understand when those obligations kick in. If you are unsure whether you qualify as being in a common law relationship, such as if there were relationship breaks, or if you have questions about how to end common law relationship in Canada, it’s wise to seek legal advice from a family lawyer. The steps you need to take, and the rights you may have, will depend on your unique circumstances.

What Is a Common Law Partner Entitled to in Alberta?

In Alberta, the law provides guidance to make sure long-term common law partners are treated similarly to legally married spouses. Since 2020, the Family Property Act has applied to Adult Interdependent Partners (AIRs), setting out rules for dividing property and determining support. That means common law relationships will typically need to consider the following.

• Property Division: Assets (and debts) acquired during the common law relationship are divided fairly, usually equally. This includes items like your home, vehicles, investments, and even pensions. Property you had before the relationship, gifts, and inheritances are usually exempt, but increases in value may still be shared.
• Spousal Support: A common law spouse can apply for spousal support if they were financially dependent on the other partner or will face financial hardship after the split. The amount and duration depend on income differences, the length of the relationship, and the roles in the common-law relationship.
• Child Support, Parenting and Child Custody: If common law partners have kids, both parents remain responsible. Child support follows the federal guidelines based on income, and parenting decisions are based on the child’s best interests.
• Pensions & Benefits: Alberta allows the division of pensions, RRSPs, and other retirement savings between common law partners. Canada Pension Plan (CPP) credits earned during your relationship can also be split.

These entitlements are not automatic in every case, but they form the foundation of how Alberta family law approaches common law separation.

How to Make Your Claim After a Common Law Breakup in Alberta

To successfully claim what you’re entitled to, you’ll need proof of your relationship. Start collecting:

• Financial documents (bank statements, tax returns, investment records, mortgage info).
• Receipts or records of contributions (e.g., if you paid for home renovations or bills).
• Proof of cohabitation (utility bills, lease agreements, mail showing you lived together).
• Records related to children (school forms, medical records, proof of caregiving).

The best way to settle your entitlements is through a separation agreement. This is a written contract between you and your former common law spouse that sets out how property and debts will be divided, whether spousal support will be paid, and the details of parenting schedules and child support. When both sides are willing to cooperate, a separation agreement is usually faster, less expensive, and far less stressful than going to court. Having a separation lawyer draft or review the agreement ensures it’s legally enforceable and protects your interests.

But of course, not every breakup is cooperative. If you and your ex common law partner cannot reach an agreement, you can apply to the Alberta courts for help. Judges can make decisions about dividing property under the Family Property Act, awarding spousal support under the Family Law Act, setting parenting and child support arrangements under the Divorce Act or Family Law Act, and even granting exclusive possession of the home if one of you needs the other to move out.

It’s also important to know that there are deadlines. In Alberta, you usually have two years from the date of separation to make a property claim, or six months if your common law partner has passed away. Waiting too long can mean losing your right to make a claim altogether.

How to Evict a Common Law Partner

One of the most common and urgent issues after a breakup is deciding who stays in the home and how to make the other partner leave. In Alberta, this depends on whose name is on the property title or lease, and whether the home is jointly owned or rented.

• If you own the home in your name alone, you can ask your partner to leave. If they refuse, you may need to apply to the court for an exclusive possession order to have them removed legally.
• If you rent and only your name is on the lease: You’re the legal tenant, and you can ask your partner to move out. Again, if they refuse, legal action may be required.
• If you co-own the home or are both on the lease: You both have equal rights to live there. Neither can “kick out” the other without a court order.

Under Alberta’s Family Property Act, either partner can apply for an Exclusive Possession Order. This doesn’t decide ownership of the home. Instead, it gives one partner the legal right to live there (often temporarily) while the other must move out. Judges look at things like best interests of children (kids often stay in the home), who has alternative housing, any history of family violence or safety concerns when making a decision.

Don’t change the locks or throw your partner’s things out without a legal order. That could land you in legal trouble. However, if your situation involves safety concerns or abuse, you can apply for an Emergency Protection Order (EPO). This can force your partner to leave the home immediately.

Start the Common Law Separation Process

Officially ending a common law relationship is not as simple as just moving out. Property needs to be divided, including the family home, financial support may need to be arranged, and parenting plans must be set if children are involved. Having a common law lawyer guide you through this process ensures nothing is overlooked and that you are fully protected.

Our family lawyers can help you take control of the separation process with a fair and enforceable separation agreement, or represent you in court if cooperation is not possible. At DLegal Law Office in Calgary, we are here to provide clear advice, protect your rights, and guide you through every step of the process so you can move forward with certainty.

The content of this article is intended to provide a general guide to the subject matter and should not be considered legal or other professional advice. To get detailed information regarding your specific circumstances, please discuss your situation with a lawyer or other professional. Refer to our Legal Notice  for more details.