Does Alberta Have Legal Separation Like a Court Order?

Many people want something official that says they are separated without going as far as divorce. It is natural to ask whether Alberta offers a court order or certificate for that.

The short answer is no, but there are real tools that do much of the same work. This article explains when you are considered separated, what you can use instead, and the dates that matter.

This article covers the law of Alberta.

Is there a legal separation status in Alberta?

No. Alberta's government says there is no such thing as a legal separation in Canada; married spouses or adult interdependent partners are separated when they end the relationship and live apart. You do not apply to a court to become separated.

Spouses who still share a residence may also be treated as separated under the Divorce Act if at least one of them intends to live separate and apart, because the test turns on intention rather than on different addresses. What evidence a court would accept is a matter for the court.

What you can use instead

Instead of a legal separation status, parties can use a separation agreement, Family Law Act court orders (parenting, support, exclusive possession), Family Property Act orders for property, or a divorce under the Divorce Act.

Without an agreement, married spouses who separate but do not divorce are under the Family Law Act rules, and spouses who divorce are under the federal Divorce Act; property is then divided by the Family Property Act or a court.

Separation agreements and independent legal advice

Alberta does not require a separation agreement; the government says you can write one yourselves but recommends speaking to a lawyer. For an agreement dealing with property to be a compliant written agreement, each party must acknowledge in writing, apart from the other, that they understand the agreement and the future property claims they give up, and that they sign it freely and without compulsion. That acknowledgement must be made before a lawyer other than the lawyer acting for the other party.

Those property requirements are separate from agreements about parenting and support, which courts can review, so it is worth having the whole agreement checked. Alberta's family law mandatory requirements package also says it is important for all parties to consider independent legal advice throughout the process. Unmarried partners can also opt out of the default property division by drafting their own agreement, and Alberta advises contacting a lawyer about this.

Dates and deadlines that matter

• Divorce: separation for at least one year immediately before the divorce is determined establishes marriage breakdown.
• The intention of one spouse counts towards the start date.
• Reconciling for periods totalling not more than 90 days, with reconciliation as the primary purpose, does not interrupt the separation period.
• Property: a proceeding between spouses on separation may be commenced within 2 years after the date they separated. Where there is a divorce, the limit can run 2 years from the decree nisi, declaration or judgment.
• Residency: either spouse must have been habitually resident in the province for at least one year before a divorce proceeding starts.

For unmarried partners, the two years run from when the applicant first knew, or ought to have known, they had become a former adult interdependent partner. The same property rules as married spouses apply only to couples who separate on or after January 1, 2020. Partners cease to be adult interdependent partners after living separate and apart for more than one year with one or both intending the relationship not to continue, and a brief reconciliation of not more than 90 days with reconciliation as its primary purpose does not interrupt that separation period. Because deadlines can be missed easily, confirm yours with a lawyer.

What to do next

• Write down the date you separated and any attempts at reconciliation.
• Gather financial records, property details and children's information.
• Decide whether you want an agreement, a divorce or court orders for specific issues.
• Consider family mediation or the government's Family resolution hub and Family Justice Strategy.
• Speak with a lawyer before signing anything, especially about property.

Frequently asked questions