Can You Get Spousal Support After a Common-Law Breakup in Alberta?

You moved in together, shared bills and built a life, and now the relationship is over. If you earned less, or stepped back from work to raise children or run the home, you may be worried about how you will manage on one income.

In Alberta, unmarried couples who meet certain tests are called adult interdependent partners, and that status is what allows a support application under the Family Law Act. This article explains who can ask for support, what a court weighs, and what affects how long support lasts.

This article covers the law of Alberta.

Who can claim support

The Family Law Act says every spouse or adult interdependent partner has an obligation to provide support. A court may make a support order on the application of a spouse or adult interdependent partner, and the term includes a former adult interdependent partner.

So the first question is whether you qualify as an adult interdependent partner. Two people generally qualify if they live together in a relationship of interdependence for a continuous period of at least 3 years. They can qualify sooner if they live in a relationship of interdependence of some permanence and there is a child of the relationship by birth or adoption. They can also qualify with no minimum time by signing an adult interdependent partner agreement.

A relationship of interdependence means 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. If you do not meet any of these tests, you cannot use the Family Property Act and may have to rely on other claims.

What the court considers

In a support application, the court looks at the conditions, means, needs and other circumstances of each partner, including the length of cohabitation and other support obligations. A support order should recognize the economic advantages and disadvantages to the partners from the relationship or its breakdown, and promote economic self-sufficiency within a reasonable period.

• Each person's income, assets and living costs.
• Whether one person gave up career opportunities to care for children or the home.
• How long you lived together.
• Other people either of you must support.

Fault is given limited weight. Misconduct is considered only if it arbitrarily or unreasonably precipitates, prolongs or aggravates the need for support. Where both partner support and child support are sought, the court gives priority to child support.

How long does support last?

There is no single formula you can rely on. The law points the court toward self-sufficiency within a reasonable period, and toward the length of the relationship and the advantages and disadvantages it created. A short relationship with two working adults often looks very different from a long one in which one partner stayed home.

How this applies to you depends on your situation, so it is worth confirming with a lawyer. Gathering the details of your relationship, finances and roles at home will make that conversation more useful.

Agreements and deadlines

You and your former partner can settle support in a written separation agreement, which can cover spousal support, child support, parenting time and property. A support agreement cannot vary an existing support order, and a court may depart from an agreement only if it is inequitable and one of the listed circumstances applies.

Deadlines matter. Property claims by former adult interdependent partners generally must be started within 2 years of when you first knew, or should have known, that you became former partners. If the claim is based on a transfer or gift made to defeat your claim, the deadline is the earlier of 2 years from knowing you became former partners or one year after the property is transferred or given. That 2-year limit is for property, and the Act does not state an extension if you miss it. Whether the same period applies to a support application should be confirmed with a lawyer promptly rather than assumed.

What to do next

• Write down when you started living together, and when you separated.
• Note any child of the relationship, since it can change when you qualify.
• Gather tax returns, pay stubs, bank statements and household budgets for both of you.
• List what you gave up, such as work hours or training, to support the household.
• Check whether you already signed any agreement about support or property.
• Speak with a lawyer early, because deadlines may already be running.

Frequently asked questions