Partner Support Under the Alberta Family Law Act

If you lived in a long relationship outside marriage, you may hear the term partner support. It is the Alberta label for support owed between adult interdependent partners.

This article explains what it is, who qualifies, what a court considers, and how it differs from spousal support under the Divorce Act.

This article covers the law of Alberta.

What partner support is

The Family Law Act says every spouse or adult interdependent partner has an obligation to provide support for the other, subject to Division 2 of the Act. On application, a court may order one to pay support to the other, and a support order can be made only if certain conditions are met, which are set out below. When this is paid between unmarried adult interdependent partners, it is called partner support.

A former adult interdependent partner is included, so the relationship does not need to be ongoing.

In plain terms, this is a way for the law to deal with the financial side of a separation between people who built a life together without marrying. The same Act speaks to spouses and adult interdependent partners, so many of the rules look alike, although some differ from the Divorce Act, as the comparison below shows.

Who qualifies as an adult interdependent partner

A person is an adult interdependent partner if they have 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, or if they entered an adult interdependent partner agreement. A relationship of interdependence means sharing one another's lives, being emotionally committed and functioning as an economic and domestic unit.

• Related persons qualify only through a signed agreement.
• A married person cannot become a partner while living with a spouse.
• Two people who live or intend to live together can become partners immediately, without waiting 3 years, by signing an adult interdependent partner agreement in the form set by regulation.

The Alberta Court of Justice explains that unmarried former partners may owe or be owed Adult Interdependent Partner Support if they lived in an interdependent relationship for at least three continuous years or share a natural or adopted child, but having a child together does not in itself give rise to entitlement. Whether your relationship meets these tests depends on the details, so it is worth confirming with a lawyer.

How a court decides

A support order may be made only if you have a declaration of irreconcilability, are living separate and apart, are in discord and cannot reasonably be expected to live together, or one of you has refused or neglected to provide necessaries without sufficient cause. A court may declare there is no prospect of reconciliation on application.

The court then weighs each person's conditions, means, needs and circumstances, the payer's other support obligations, and contributions from others in the household. Its objectives include recognizing economic advantages and disadvantages, relieving hardship and promoting self-sufficiency within a reasonable time. Child support takes priority if both are sought.

While an application is pending, the court may make an interim order that follows those factors and objectives so far as practicable.

You may also hear about the Spousal Support Advisory Guidelines. They are not law, but judges often base their spousal support decisions on them. They do not decide whether someone is entitled to support: entitlement has to be established first, and an income gap alone is not enough. How they might apply to your situation depends on the facts, so it is worth confirming with a lawyer.

How it differs from Divorce Act spousal support

Unmarried partners cannot use the Divorce Act. Divorce Act corollary relief is heard by the Court of King's Bench, while Family Law Act support applications may also go to the Alberta Court of Justice, so the right court depends on your situation.

What to do next

• Work out whether you were married, and whether you are seeking a divorce.
• Confirm how long you lived together and whether there is a child or a signed agreement.
• Collect income, expense and household information.
• Ask a family lawyer which court and which statute fits your facts.

Once an order or agreement is in place, it helps to know who handles the payments: unless the parties agree or the court orders otherwise, the Maintenance Enforcement Program collects and enforces spousal and partner support payments in Alberta.

If your life changes after an order is made, the court may vary, suspend or terminate a support order, and for spousal or partner support the ground is a change in the condition, means, needs or other circumstances of either party. Under the Family Law Act, others living with either party count only as a household-contribution factor and as a possible change of circumstances, not as an automatic end to support. Whether a particular change is enough depends on your order and your facts, so it is worth confirming with a lawyer.

Frequently asked questions