ARE WE COMMON-LAW?
HOW ALBERTA DEFINES ADULT INTERDEPENDENT PARTNERS
"We've lived together for years. Doesn't that make us common-law?"
It is one of the most common questions family lawyers hear, and the answer is often more complicated than people expect. Many couples assume that living together for a certain amount of time automatically gives them the same rights as married spouses. Others assume that because they never married, they have no rights at all.
In Alberta, neither assumption is quite right. The province has its own legal framework for unmarried couples, with its own name and its own rules. Understanding where you fit can make a real difference if the relationship ends, or if one partner passes away.
Quick answer: Alberta law does not use the term "common-law." Instead, unmarried partners may be adult interdependent partners (AIPs). Generally, you are AIPs if you have lived together in a relationship of interdependence for at least three continuous years, if you have lived together in a relationship of some permanence and have a child together, or if you have signed an adult interdependent partner agreement. AIP status can affect property division, support and inheritance rights.
Why Alberta doesn't say "common-law"
In 2003, Alberta brought into force the Adult Interdependent Relationships Act. It replaced the patchwork of "common-law" references with a single defined status: the adult interdependent partner.
The term is deliberately broader than "common-law spouse." It focuses on how two people actually share their lives, rather than on labels. In everyday conversation, most Albertans still say "common-law," and that is perfectly fine. But when it comes to legal rights in this province, the question to ask is whether you are adult interdependent partners.
The three ways to become adult interdependent partners
In general terms, two people become adult interdependent partners in one of three ways:
1. Three years together. You have lived together in a relationship of interdependence for a continuous period of at least three years.
2. Some permanence plus a child. You have lived together in a relationship of interdependence of some permanence, and you have a child together by birth or adoption.
3. A written agreement. You have signed an adult interdependent partner agreement in the form the law requires.
A few points often surprise people. Under the first two routes, no paperwork or registration is needed; the status can arise simply from how you live. The three-year clock generally requires the relationship to be continuous, so breakups and reconciliations can complicate the count. And there are restrictions: for example, a person generally cannot have more than one adult interdependent partner at a time, and different rules apply to people who are related to each other or who are still married to someone else.
What counts as a "relationship of interdependence"?
Living at the same address is not enough by itself. Roommates, for example, are generally not adult interdependent partners. Broadly, a relationship of interdependence is one where two people share each other's lives, are emotionally committed to one another, and function as an economic and domestic unit.
When there is a dispute, courts look at the whole relationship. Factors that may be considered include:
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whether the relationship is exclusive, and whether it is conjugal (a sexual relationship is not required)
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how the household runs day to day, including chores, meals and living arrangements
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whether you present yourselves to family, friends and others as a couple
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how intertwined your finances are, such as joint accounts, shared bills or one partner supporting the other
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whether you own or use property together
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how you share the care and support of children
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any documents showing your intentions, such as wills, insurance beneficiary designations or agreements
No single factor decides the question. Two couples who have lived together for the same length of time can end up in different positions depending on how their lives are actually arranged.
Why your status matters
Whether you are adult interdependent partners can affect several important areas of your life:
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Property. Since 2020, Alberta's Family Property Act has applied to adult interdependent partners as well as married spouses. That means AIPs may be able to seek a division of property acquired during the relationship, subject to exceptions and strict time limits.
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Partner support. An adult interdependent partner may be able to claim support from the other partner after separation, depending on factors such as the length of the relationship, each partner's role and their financial circumstances.
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Inheritance. If a partner dies without a will, Alberta's succession law can give a surviving adult interdependent partner rights similar to a surviving spouse. A surviving partner may also be able to seek support from the estate.
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Children. Child support and parenting are based on the child's rights and best interests, so they apply whether or not the parents were ever AIPs, married or living together.
If you are not adult interdependent partners, you are not necessarily without options, but the legal routes available can be quite different and often more complex.
One couple, several definitions
Here is where things get confusing: "common-law" means different things for different purposes. Federal income tax and many federal benefits use their own definition. For tax purposes, couples are often treated as common-law after living together in a conjugal relationship for 12 continuous months, or sooner if they have a child together.
That means a couple can be common-law on their tax return after one year, but not yet adult interdependent partners for Alberta family property purposes. Employer benefit plans, pensions and insurance policies may use yet another definition.
The practical lesson: do not assume that checking the "common-law" box on your tax return settles your rights under Alberta family law, or the other way around.
Common misconceptions
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"After a certain time, common-law is the same as married." Not entirely. Adult interdependent partners share many rights with married spouses in Alberta, but there are differences, including that divorce applies only to married couples.
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"We never registered anything, so we're not AIPs." No registration is required for the three-year or child-based routes. The status can arise from how you live.
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"It's my house, so my partner has no claim." Whose name is on title is not always the end of the question.
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"We split up for a few months, so the clock reset." It may or may not have. Whether the relationship was continuous depends on the facts.
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"We agreed to keep everything separate, so that's that." Informal understandings may not carry the weight people expect. Properly prepared written agreements are treated very differently.
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"There's no rush to deal with property." Time limits apply to family property claims, and missing one can mean losing the claim.
When should you speak with a family lawyer?
Whether you are adult interdependent partners is often the first question that shapes everything else, and it is usually worth answering with someone who can look at your specific facts. Getting advice is not only for couples who are separating. It can be just as valuable at the start of a relationship or before a major step.
Consider speaking with a lawyer if:
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you are separating and are unsure whether your relationship qualifies
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you are about to move in together, buy a home together or combine finances
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one of you is bringing significant property, a business or children from a previous relationship into the household
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you want a cohabitation agreement or an adult interdependent partner agreement
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your partner has passed away and you are unsure of your rights to the estate
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you have been separated for a while and have not dealt with property yet
BANDT Law assists couples and individuals in Calgary and across Alberta with questions about adult interdependent relationships, cohabitation agreements and separation. If you are wondering where you stand, we invite you to contact us to book a consultation. A clear answer early on can help you plan with confidence, whatever comes next.
Frequently asked questions
How long do you have to live together to be common-law in Alberta? For Alberta family law, unmarried partners generally become adult interdependent partners after living together in a relationship of interdependence for three continuous years. It can be sooner if you have a child together and the relationship has some permanence, or if you sign an adult interdependent partner agreement.
Is an adult interdependent partner the same as a common-law spouse? It is Alberta's legal term for what many people call common-law, but it is defined by provincial law and is broader than a traditional common-law relationship.
Do adult interdependent partners split property in Alberta? Alberta's Family Property Act generally applies to adult interdependent partners as well as married spouses, subject to exceptions and time limits.
Do we have to register to become adult interdependent partners? No. You can become adult interdependent partners through how you live, without registering anything. A written adult interdependent partner agreement is one route, but it is not the only one.
Is common-law for taxes the same as Alberta's definition? No. Federal tax rules often treat couples as common-law after 12 months of living together, while Alberta's family law test for unmarried partners generally uses a three-year period or one of the other routes.
Can a surviving common-law partner inherit if there is no will? A surviving adult interdependent partner may have inheritance rights under Alberta law when there is no will. The details depend on the circumstances, including whether there are children.