Can Unmarried Partners Get Spousal Support in Alberta?

If you lived with a partner but never married, you may wonder whether you can claim support after separation. In Alberta, the answer often turns on whether you were adult interdependent partners.

This article explains what that term means, how long a relationship generally has to last, and where the rules change.

This article covers the law of Alberta.

Support for partners who were never married

Unmarried partners cannot use the Divorce Act. Instead, Alberta's Family Law Act says every spouse or adult interdependent partner has an obligation to provide support for the other. On application, the court may order one to pay support to the other.

A former adult interdependent partner counts too. The Alberta Court of Justice describes this as Adult Interdependent Partner Support.

The Divorce Act covers married couples seeking a divorce. Married spouses who are not seeking a divorce can still claim spousal support under the Family Law Act, and the Alberta Court of Justice can order spousal support for a married former spouse.

Who is an adult interdependent partner?

Under the Adult Interdependent Relationships Act, a person is an adult interdependent partner of another if any one of these applies:

• They have lived in a relationship of interdependence for a continuous period of at least 3 years.
• They have lived in a relationship of interdependence of some permanence and there is a child of the relationship by birth or adoption.
• They have entered an adult interdependent partner agreement under section 7.

A relationship of interdependence is a relationship outside marriage in which two people share one another's lives, are emotionally committed to one another, and function as an economic and domestic unit.

The Alberta Court of Justice notes that having a child together does not, in itself, give rise to entitlement.

Exceptions that change the answer

Conditions for a support order

Being a partner is not enough by itself. A support order may be made only if one of these is true:

• The parties have a declaration of irreconcilability.
• They are living separate and apart.
• They are not living apart, but are in discord and cannot reasonably be expected to live together.
• One has, without sufficient cause, refused or neglected to provide necessaries.

The court may declare there is no prospect of reconciliation on application by one or both partners, which is one route to qualifying.

The court then looks at each party's conditions, means, needs and other circumstances, including the length of cohabitation and the functions each performed. It also considers the payer's legal obligation to support another person, and the extent to which others living with the payer or the recipient contribute to household expenses. Its objectives include recognizing economic advantages and disadvantages from the relationship and relieving hardship from its breakdown. If child support is also sought, it gets priority.

Misconduct is generally not considered, except conduct that arbitrarily or unreasonably precipitates, prolongs or aggravates the need for support, or unreasonably affects the payer's ability to pay. While an application is waiting to be decided, the court may make an interim order, which must follow these factors and objectives so far as practicable given the need for interim support.

After an order is made

The court may vary, suspend or terminate a support order or any part of it. For partner support, the ground is a change in the condition, means, needs or other circumstances of either party.

• A partner support agreement cannot vary an existing support order.
• Unless the court orders otherwise, a support order ends on the death of the person receiving support, and arrears owing before then are not affected.
• Others living with either party count only as a household contribution factor and as a possible change of circumstances.
• Unless the parties agree or the court orders otherwise, the Maintenance Enforcement Program collects and enforces these payments in Alberta.

The Spousal Support Advisory Guidelines are not law. How far they are used for partner support in Alberta depends on your situation, so it is worth confirming with a lawyer. They do not decide entitlement: entitlement must be established first, and an income gap alone is not enough.

What to do next

• Write down when you started living together and when you separated.
• Gather proof of shared life: leases, joint accounts, bills and records of who did what in the home.
• Note whether you have a child together and whether you signed any partner agreement.
• Collect income records for both of you.
• Speak with a lawyer soon about your situation and any steps to take.

Whether you qualify depends on your facts, so a lawyer can confirm how the rules apply to your relationship.

Frequently asked questions