In conversations across Alberta, the term “common law” is thrown around casually. We use it to describe friends who have moved in together, family members in long-term relationships, or even our own partnerships. It’s a comfortable, widely understood phrase. However, officially in Alberta, the term “common law” is legally referred to as Adult Interdependent Relationships.
While many people will still use the two names interchangeably, the distinction is critical. Being in an Adult Interdependent Relationships comes with a specific set of criteria, rights, and responsibilities. Some of these are nearly identical to those of married spouses, especially when a relationship ends. Understanding this framework is essential for protecting yourself, your partner, and your assets.
What Is an Adult Interdependent Partner (AIR)?
An Adult Interdependent Relationship is legally defined as a relationship between two people who are not married to each other, live together in a relationship of interdependence, and share a degree of permanence and commitment. These two individuals are referred to under Alberta law as Adult Interdependent Partners (AIP).
The key term here is “interdependence.” This goes far beyond simply being roommates. The law looks for evidence that two individuals have merged their lives in a significant way. Although each relationship is different, the following criteria are strong signs of interdependence.
- Financial Integration: Sharing joint bank accounts, credit cards, or investments. Naming each other as beneficiaries on insurance policies or retirement plans. Sharing household expenses and bills.
- Social Presentation: Presenting yourselves to family, friends, and the community as a loving and committed couple.
- Shared Home and Life: Owning or leasing property together, sharing chores and responsibilities, and living together in a genuine domestic partnership.
- Intention: A clear, shared intention to build a life together.
One unique aspect of Alberta’s law is that an AIP relationship does not have to be romantic or sexual. While the vast majority of AIPs are romantic couples, the legislation is broad enough to include non-romantic partners in specific circumstances, although it is extremely rare and must fit proper criteria under the legislation. For example, two elderly siblings who live together, are financially intertwined, and provide mutual care and support could potentially qualify as AIPs. But again there are strict limits as to who would qualify according to case law.
When Does an AIP Relationship Legally Begin?
The law provides three clear pathways to establishing this legal status:
- Living together for three years: The most common way to become AIPs is by living together in a relationship of interdependence for a continuous period of at least three years. “Continuous” doesn’t mean you can never spend a night apart; courts recognize that brief interruptions or “cooling off periods” don’t necessarily restart the clock.
- Having a child together: If you live together in a relationship of some permanence and have a child together (by birth or adoption), you are considered AIPs. The timeline is much shorter here; the three-year cohabitation period is not required. The arrival of a child legally solidifies the partnership’s status.
- Formal Agreement: The most direct and proactive way to become AIPs is by signing a formal Adult Interdependent Partner Agreement. This is a legal document that, once signed, grants you immediate AIP status. Couples may choose this option to ensure they have legal protections from day one, without waiting for the three-year threshold to be met.
Rights and Responsibilities of AIPs
Once you are legally considered an AIP, you gain a host of rights and responsibilities that mirror those of married spouses. This legal recognition impacts nearly every aspect of your life, from finances to healthcare. Key rights include:
- Estate Benefits: If one partner dies without a will (intestate), the surviving AIP has the same inheritance rights as a surviving spouse. They can also make a claim against the estate if they are left out of the will or not adequately provided for.
- Health and Benefits: AIPs can typically be included in each other’s health and dental benefits plans. They are also treated as a couple for the purposes of provincial programs like AISH (Assured Income for the Severely Handicapped).
- Property Division: Upon separation, AIPs have the right to apply for a division of family property under the Family Property Act, the same legislation that governs divorce for married couples.
Partner Support: If the relationship ends, the financially dependent partner may be entitled to claim partner support (often called alimony or spousal support).
When am I no longer an AIP?
A typically ends in one of three ways:
- The partners live separately and apart for more than one year with the intention that the relationship is over.
- The partners sign a written separation agreement.
- One of the partners marries someone else.
Common Questions About AIP Relationships
Can I have more than one AIP at a time?
No. Under Alberta law, a person can only have one Adult Interdependent Partner (AIP) at a time.
If I am still legally married but separated, can I become an AIP with someone else?
Yes. A person who is married but separated from their spouse can enter into an AIP relationship with a new partner if they meet one of the three legal criteria. However, this can create complex legal issues around property and estate rights.
My partner travels for work, and we often live apart. Does this affect our status as AIPs?
No. The key question is whether there is a relationship of interdependence. While living together is a major factor, the law also considers other signs of commitment, such as having children, financial integration, social recognition, and shared life arrangements, even if the couple spends significant time apart.
I have had a roommate for three years. Can we be considered AIPs?
No. Simply living together is not enough. There must be evidence of a relationship of interdependence, such as shared finances, children, or an intention to live as a couple.
I have a live-in caregiver who has been with me for over three years. Are they my AIP?
No. The law specifically excludes individuals who live in a home for work as a paid caregiver or employee.
My partner moved in. Do they automatically get half my property?
No. There is no automatic right to property division. A partner must first meet the legal definition of an AIP, such as three years of cohabitation or having a child together. Only then can property claims be made for assets acquired during the relationship.
After our breakup, am I entitled to any property from my ex?
Potentially yes. Alberta law treats property division for AIPs similarly to married couples.
After our breakup, am I entitled to partner support?
Yes and no. Entitlement depends on factors like the length of the relationship and the financial circumstances of both partners. AIPs have similar rights to partner support as married couples.
After our breakup, does my ex need to pay child support?
Yes. If the couple has a child together, child support obligations apply equally to AIPs and married couples.
We broke up for a few months and then got back together. Does that reset the three-year clock?
It depends. The law requires a “continuous period” of three years, but short breaks followed by genuine reconciliation likely will not restart the clock. A clear and final breakup, however, could.
Can I opt out of being an AIP even though we have lived together for three plus years?
Yes. You can enter into a legal document similar to a Prenuptial Agreement that specifically says that neither party is entitled to any of the other party’s property or partner support.
Conclusion: Knowledge is Your Best Protection
Whether you’re starting a new cohabitation, have been in one for years, or are facing separation, understanding the law is essential. Since the boundaries can often be unclear, consulting a family lawyer can clarify your rights within the relationship. This helps you protect your interests, secure your future, and manage your relationship with a strong legal foundation. If you have any questions, Stringam Law has extensive experience in relationships and can offer you the support you need.
