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By LegalMatters Staff • Couples entering a common-law relationship need to understand there are significant legal responsibilities that come with that partnership.
Many are similar to those that govern a legal marriage, though there are differences. In Alberta, the legal term for such a partnership is “adult interdependent relationship” (AIR).
Edmonton family lawyer Peter Ewanchuk explains that under Alberta’s legislation these are relationships of at least three years, or less if they have a child together. The term is also used for those who have signed an adult interdependent partner agreement.
Ewanchuk says that once a couple is legally recognized as being in an AIR, they gain special status within the law.
“For example, under the Family Law Act, an adult interdependent partner can apply for adult interdependent partner support – the equivalent of spousal support in marriage relationships,” he says.
“And under the Wills and Succession Act, an adult interdependent partner is a dependent, meaning that a surviving partner can apply for maintenance and support from the estate if the deceased does not make adequate provisions for them in their will,” Ewanchuk adds.
When it comes to property, he says adult interdependent partners enjoy the same property division rules and protections as married spouses.
“Generally speaking, each partner can keep the property they brought into the relationship and some of the things they personally acquired during the AIR, such as gifts and inheritances,” Ewanchuk says.
According to Statistics Canada, 17 per cent of couples in Alberta are living common law compared to 23 per cent across Canada. Edmonton has 8.8 per cent of couples in AIRs compared to 14 per cent in Wood Buffalo-Cold Lake.
