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Family

Can I get spousal support if we were not married in Alberta?

TSL Written by the Treadstone Law Team· Updated November 13, 2026

This answer covers the law of Alberta.

Possibly, but not under the Divorce Act. The Divorce Act is for married couples, and unmarried partners cannot use it. In Alberta, unmarried partners may instead claim support under the Family Law Act if they are adult interdependent partners.

You generally qualify if you lived in a relationship of interdependence for a continuous period of at least 3 years, or for some permanence if there is a child of the relationship by birth or adoption. If you and the other person live together or intend to, you can also qualify right away, without waiting 3 years, by signing an adult interdependent partner agreement in the form set by regulation. A relationship of interdependence is one outside marriage where two people share one another's lives, are emotionally committed and function as an economic and domestic unit.

Having a child together does not in itself give rise to entitlement. Related persons qualify only by entering an agreement under s. 7, and a married person cannot become a partner while living with their spouse. The court can order support only if you meet one of the s. 57(2) conditions, such as living separate and apart. The court then considers each person's needs and means. Because every situation differs, a lawyer can confirm whether you qualify.

Key takeaways

  • Unmarried partners cannot use the Divorce Act, but they can apply for support under Alberta's Family Law Act if they are adult interdependent partners.
  • You generally qualify after at least 3 continuous years in a relationship of interdependence, or if you have a child of the relationship by birth or adoption and the relationship has some permanence, or if you live (or intend to live) with the other person and sign an adult interdependent partner agreement in the form set by regulation, which lets you qualify without waiting 3 years.
  • Having a child together does not in itself give rise to entitlement to support.
  • Related persons and people still living with a spouse face special rules, so a lawyer can confirm whether you qualify.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.

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Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

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