Spousal Support for Unmarried Couples in Alberta

You lived with someone for years, shared a home and bills, and never married. Now the relationship has ended and you wonder whether you can ask for support. In Alberta, the answer depends on whether the law treats the two of you as adult interdependent partners.

This article explains how that status works, what else must be shown before a court can order support, and what to do next. It is general information, and your own facts matter a great deal.

This article covers the law of Alberta.

Why the Divorce Act does not apply to you

The federal Divorce Act covers married couples who are seeking a divorce. Unmarried partners cannot use it. Instead, support between unmarried partners is dealt with under Alberta's Family Law Act, which places a support obligation on every spouse or adult interdependent partner.

A court can order one partner to pay support to the other when an application is made. The Family Law Act also includes a former adult interdependent partner, so you can usually apply after the relationship has ended.

Who counts as an adult interdependent partner

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. Living together is not enough on its own; the nature of the relationship matters.

Under the Adult Interdependent Relationships Act, you become an adult interdependent partner in one of three ways:

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

Exceptions that can change the answer

• Related persons (by blood or adoption) can become partners only by signing an adult interdependent partner agreement, so living together does not qualify them.
• A married person cannot become an adult interdependent partner while living with his or her spouse.
• Two people who live or intend to live together can become partners right away, without waiting 3 years, by signing an agreement in the form set by regulation.

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

What else must be shown before support is ordered

Being a partner is only the first step. A support order may be made only if one of the following applies:

• You have a declaration of irreconcilability, meaning a court has declared there is no prospect of reconciliation.
• You are living separate and apart.
• You are not living apart but are in discord and cannot reasonably be expected to live together.
• One of you has, without sufficient cause, refused or neglected to provide necessaries.

If these tests are met, the court looks at each person's condition, means, needs and other circumstances, including how long you lived together and the roles each of you performed. It also considers the payer's legal obligation to support someone else and what others living in either household contribute to expenses. The aims include recognizing economic advantages and disadvantages from the relationship, relieving hardship from the breakdown and promoting self-sufficiency within a reasonable time.

If child support is also being sought, child support gets priority.

What to do next

• Write down when you started living together, and whether you lived together continuously.
• Note whether you have a child together or ever signed an adult interdependent partner agreement.
• Gather records showing how you shared money, housing and household work.
• Collect income and expense information for both of you, as best you can.
• Do not rely on assumptions about timing; speak with a family lawyer about whether you qualify and how to apply.

Unless the parties agree or the court orders otherwise, the Maintenance Enforcement Program collects and enforces these support payments in Alberta.

Frequently asked questions