In the context of relationships in Alberta, common law refers to couples who are not legally married but live together and function as an economic and domestic unit. In Alberta, these relationships are formally recognized in provincial law under the Adult Interdependent Relationships Act (AIRA), which uses the term adult interdependent partners instead of “common-law partners.” However, they mean almost the same thing.

Marriage isn’t the only path to a committed relationship. Common law relationships, which share many of the same rights and responsibilities, offer a flexible alternative. Traditionally, partners must have been together for 3 years to prove common law status in Alberta, but there are a few scenarios where you can achieve it sooner, giving you the freedom to define your relationship on your terms.

Here’s a detailed breakdown of how “common law” applies to relationships in Alberta.

Criteria For a Common Law Relationship Or Adult Interdependent Relationship

A relationship is considered “common law” if it meets any of the following criteria:

• LIVING TOGETHER FOR 3 YEARS OR MORE: You and your partner have lived together continuously in a relationship of interdependence for at least 3 years.
• LIVING TOGETHER WITH A CHILD: You and your partner live together and have a child together, either by birth or adoption, regardless of the duration of cohabitation.
• SIGNING AN ADULT INTERDEPENDENT PARTNER AGREEMENT (AIPA): You and your partner have signed a legal agreement formally recognizing your relationship as an Adult Interdependent Relationship. This option does not require 3 years of cohabitation.

Aside from the criteria above, the individuals must rely on each other for support, which can include sharing finances, household responsibilities, living arrangements, or caregiving duties.

Most common law partners are romantic couples. However, these partnerships can be formed between two people who are emotionally and financially interdependent, regardless of whether their relationship includes a romantic or sexual component. This can include two people who share a household and depend on each other for emotional and financial support, such as close friends, as well as certain family members, like siblings or parent-child pairs, who can qualify as long as they meet the criteria for cohabitation and interdependence.

How Do You Prove a Common Law Relationship In Alberta?

To prove a common law relationship in Alberta, you need to demonstrate that you meet the criteria outlined in the Adult Interdependent Relationships Act (AIRA). This can be done by showing evidence of cohabitation for at least three continuous years in a marriage-like relationship, having a child together (by birth or adoption), or signing an Adult Interdependent Partner Agreement (AIPA). This proof may be required in situations like separation, to claim an inheritance under the Wills and Succession Act if your partner dies without a will, to qualify for spousal benefits, pensions, or tax credits, or to act as your partner’s healthcare decision-maker if they are incapacitated, making it essential to maintain clear records of your relationship.

Supporting evidence typically includes documents showing shared finances, such as joint bank accounts, mortgages, or utility bills, and proof of shared living arrangements, like lease agreements or property ownership documents. Additionally, testimonies from family or friends, joint insurance policies, and records of shared responsibilities, such as childcare or household duties, can further strengthen your claim of an adult interdependent relationship.

What Is the Difference Between Married and Common Law In Alberta?

While many legal rights and obligations overlap, the key difference is that being married often grants automatic recognition and protections under the law, whereas adult interdependent partners require proof. Unlike married spouses, no formal legal ceremony or registration is needed for common law relationships, but they require meeting specific criteria to be legally recognized.

In both types of relationships, the dependent partner can claim financial support if the relationship ends, but common-law partners must first establish that their relationship qualifies under Alberta law. For inheritance, a surviving spouse automatically inherits under the Wills and Succession Act if their partner dies without a will. Common law partners have similar inheritance rights, but they must prove they are in such a relationship if they are not explicitly named in the will.

A marriage legally ends through divorce or annulment. In contrast, a common law relationship ends when the partners cease living together in an interdependent relationship, marry someone else, or sign an agreement to end their adult interdependent relationship. However, both types of relationships may involve legal proceedings for matters like property division or support claims after separation.

What Is the Division of Property In Common Law In Alberta?

The division of property for common law relationships in Alberta, known as Adult Interdependent Relationships, is governed by the Family Property Act (FPA). Since 2020, this act has extended the same property division rules to adult interdependent partners as those applied to married spouses.

Property acquired in a common law relationship is generally considered shared property and subject to equal division upon separation, providing a sense of fairness and security. This includes assets and property obtained, such as:

• The home you lived in together (if jointly owned or acquired during the relationship).
• Bank accounts, investments, pensions accumulated during the relationship.
• Vehicles and other significant assets acquired while living together.

Adult Interdependent Partner Agreement (AIPA)

An adult interdependent agreement establishes that the individuals are in a committed, adult interdependent partnership relationship, similar to marriage or a common law partnership.

It is particularly useful for couples who want to ensure their relationship is legally recognized without waiting to meet the three-year cohabitation rule. It can also provide clarity in the relationship, outlining each partner’s rights and responsibilities, especially in areas like property ownership, financial contributions, and caregiving duties.

Specializing In Alberta Family Law and Common Law Status

Your relationship might not come with a certificate, but it’s every bit as important—and so are the legal rights that come with it. At DLegal Law Office, we know common law relationships are anything but “common.” Whether you’re starting a life together, protecting what matters, or navigating the end of a chapter, our team of common law lawyers provides smart, personalized legal solutions to support your journey. Let’s handle the fine print so you can focus on what’s next. Reach out today, and let’s build your path forward.