Common Law Relationships in Alberta

Adult Interdependent Partners | Edmonton Family Lawyers

Many people believe they are in a “common law marriage.” In Alberta, however, there is no such thing as a common law marriage in the legal sense.

Instead, Alberta law recognizes certain unmarried couples as adult interdependent partners. These relationships are often referred to as “common law” in everyday conversation, and adult interdependent partners have many of the same legal rights and obligations as married spouses, particularly when a relationship breaks down.

Understanding whether you qualify as an adult interdependent partner is critical. Property division, partner support, parenting, and child support rights may all depend on your legal status.

This page explains how common law relationships work in Alberta, what rights adult interdependent partners have, and when you should speak with a lawyer.

Is There a Common Law Marriage in Alberta?

No. Alberta does not recognize common law marriage.

That said, Alberta law does recognize adult interdependent relationships, which often function like marriages from a legal perspective. Courts, lawyers, and the public frequently use the phrase “common law spouse” informally to describe adult interdependent partners.

Adult interdependent relationships are governed by the Adult Interdependent Relationships Act.

What Is an Adult Interdependent Relationship?

Under Alberta law, two people may be considered adult interdependent partners if:

  • They live together in a relationship of interdependence for a continuous period of at least three years, or
  • They live together in a relationship of some permanence and have a child together, and
  • Both partners are at least 16 years old

A relationship of interdependence means a relationship where two people:

  • Share their lives
  • Are emotionally committed to one another
  • Function as a single economic and domestic unit

Couples can also become adult interdependent partners by signing a written Adult Interdependent Partner Agreement, even if they have not lived together for three years.

This is very different from marriage. Married couples only need to:

  • Obtain a marriage licence, and
  • Participate in a legal marriage ceremony

No minimum cohabitation period applies to marriage.

Who Is Considered an Adult Interdependent Partner?

Adult interdependent partners are typically couples who are:

  • Conjugal (romantically involved)
  • Financially interconnected (shared expenses, housing, or accounts)
  • Living together as a household
  • Raising a child together (in some cases)

However, no single factor is determinative. Alberta courts examine the entire relationship, including:

  • Length and stability of cohabitation
  • Financial dependence or interdependence
  • How the couple presented themselves publicly
  • Shared responsibilities and decision-making
  • Whether the relationship functioned as a family unit

Who Cannot Be Adult Interdependent Partners?

Certain relationships are specifically excluded, including:

  • People related by blood or adoption (such as siblings)
  • Platonic roommates
  • Relationships with a business or employment element (for example, a live-in nurse or housekeeper)
  • Relationships where one partner is legally married to someone else and has not separated

Simply living together does not automatically create adult interdependent partner status.

Common Law vs Marriage in Alberta: What’s the Difference?

Although adult interdependent partners have many similar rights to married spouses, there are important differences.

Key Differences at a Glance

Marriage

  • Requires a marriage licence and ceremony
  • Property division rights apply automatically
  • No minimum cohabitation period
  • Divorce required to formally end the relationship

Adult Interdependent Relationships

  • No ceremony required
  • Usually require three years of cohabitation (unless there is a child or agreement)
  • Property rights depend on timing and qualification
  • Relationship ends upon separation (no divorce required)

Because these differences can significantly affect property and support rights, legal advice is strongly recommended.

What Rights Do Common Law (Adult Interdependent) Partners Have in Alberta?

Adult interdependent partners have many of the same rights as married spouses when a relationship breaks down.

The legal framework is primarily found in:

Parenting, Child Support, and Partner Support

Under the Family Law Act, adult interdependent partners may apply for:

For parenting and child support purposes, there is no meaningful legal distinction between married and unmarried parents. The child’s best interests and the Federal Child Support Guidelines apply equally.

Partner support may be available depending on factors such as:

  • Length of the relationship
  • Roles during the relationship
  • Financial dependence or disadvantage
  • Economic consequences of separation

Property Division for Common Law Couples in Alberta

Since January 1, 2020, many adult interdependent partners in Alberta have statutory property division rights.

Under the Family Property Act, adult interdependent partners may apply for an equal division of family property if:

  • They lived together in a relationship of interdependence for at least three years, and
  • They separated on or after January 1, 2020.

If these criteria are met, property accumulated during the relationship is generally divided equally, subject to statutory exceptions and judicial discretion.

Property Rights Outside the Family Property Act (Unjust Enrichment)

Even if a couple does not qualify as adult interdependent partners, property claims may still exist under the common law doctrine of unjust enrichment.

To succeed, the claimant must prove:

  1. Enrichment of the other partner
    (for example, unpaid caregiving or labour)
  2. Corresponding deprivation
    (loss of income or career opportunity)
  3. No juristic reason for the deprivation
    (no contract, court order, or legal justification)

Unjust enrichment claims are complex and fact-specific. Legal advice is essential.

Cohabitation and Adult Interdependent Partner Agreements

Couples can protect themselves by entering into:

  • Cohabitation agreements, or
  • Adult Interdependent Partner Agreements

These agreements can address:

  • Property division
  • Support obligations
  • Responsibility for debts
  • What happens if the relationship ends

Properly drafted agreements can prevent costly disputes and provide certainty.

Common Myths About Common Law Relationships in Alberta

Myth: Living together for six months makes you common law
Reality: Alberta generally requires three years, unless there is a child or agreement.

Myth: Common law spouses have no property rights
Reality: Many adult interdependent partners now have equal property division rights.

Myth: If you’re not married, you can’t claim support
Reality: Partner support is available to qualifying adult interdependent partners.

Myth: Only one person needs to believe the relationship was “common law”
Reality: Courts assess objective evidence of interdependence.

Why Timing Matters When a Common Law Relationship Ends

Strict limitation periods apply to:

  • Property division claims
  • Support applications

Waiting too long can permanently bar your claims. This is especially important where adult interdependent partner status is disputed.

Speak With an Edmonton Common Law Lawyer

If you are separating—or considering separation—from a common law partner, understanding your rights early is critical.

Our family lawyers at Morrison LLP assist with:

  • Determining adult interdependent partner status
  • Property division and unjust enrichment claims
  • Parenting and support applications
  • Negotiation, mediation, and litigation

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Although our office is based in Edmonton, we proudly serve clients throughout Alberta, including:

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