Supporting You Through Every Step of Your Common-Law Separation
At Jones Divorce & Family Law, we understand that common-law separations can be emotional and complex. Ending a spousal-like relationship presents many challenges and uncertainties, particularly around your rights and next steps. That is why we are here with you every step of the way, providing compassionate guidance and expert support to help you find a fair and positive resolution.
When a common-law relationship ends, there are legal rights and obligations you will want to understand before finalizing the separation. While these matters can be similar to those faced by married couples, there are important differences that require specialized knowledge and care. You don’t have to face this alone—our experienced common-law separation lawyers are committed to helping you navigate the process with confidence and clarity.
The Family Property Act & The Division of Property Act
As of January 1, 2020, Alberta’s Family Property Act extends the same property-sharing rules that apply to married couples to certain unmarried couples. This change was designed to provide greater fairness and clarity for people who have built a life together but are not legally married.
In Alberta, the law refers to these couples as Adult Interdependent Partners, rather than common law. An unmarried couple qualifies as an Adult Interdependent Partnership under the Adult Interdependent Relationships Act if they lived together in a relationship of interdependence:
- You have lived together in a relationship of interdependence for at least three continuous years;
- You have been in a relationship of some permanence and have a child together by birth or adoption; or
- You have signed an agreement to be Adult Interdependent Partners per the regulations.
Under the Family Property Act, when common-law partners separate, any property acquired during the relationship is generally treated the same as property owned by married couples. This means a 50/50 division of property acquired during the relationship (with certain exceptions).
It is important to know that a claim for their remedies must be commenced within two years of the date of separation, or the claim will be statute-barred as a result of the Limitations Act. If you are unsure about your rights or the next steps, our team of common-law separation lawyers is here to guide you through the process with clarity, compassion, and expertise.
Guardianship
With respect to guardianship, parenting, child support, and spousal support, there are many similarities in the rules relating to married couples and unmarried couples. In relation to children, as always, the guiding principle is the “best interests of the child.”
When it comes to common-law separation, courts resolve issues of decision making and parenting time using the same legal principles that apply to married couples. Child support is governed by the Alberta Child Support Guidelines, which are virtually identical to the Federal Child Support Guidelines.
In relation to spousal support, if a couple meets the definition of an Adult Interdependent Relationship, the court applies the same basic objectives and guidelines to determining spousal support for a common-law couple as it would for a married couple.
Common-Law Separation Process in Alberta
There are several steps you will need to take to properly end your common-law relationship in Alberta.
Mark the Separation Date
The first step is to record the date you consider the common-law relationship over. This date is crucial as it starts the two-year limitation period to make property claims under the Family Property Act. In case of dispute, documentation should be kept, including:
- Written communications
- Changes in living arrangements
- Financial account changes
Get Early Legal Advice
Before relocating with children or assets, it is essential to consult with a common-law separation lawyer. Relocating children or moving money around without an agreement or court order can cause legal complications and harm your case. Early advice will help you avoid mistakes that can be costly or difficult to reverse.
Exchange Full Financial Disclosure: Assets, Debts, & Income
Both partners must share complete and accurate financial information, including bank statements, property titles, debt records, tax returns, and income details. This transparency is required by law and is essential for a fair settlement. Hiding assets or debts can lead to court penalties and reopening of agreements.
Settle Parenting and Child Support Matters First
Courts prioritize the best interests of children in cases of divorce or separation. Decide early on where children will live, how decisions will be made, and the parenting schedule.
Child support is typically calculated under the Alberta Child Support Guidelines and should be addressed before property or spousal support to ensure the children’s needs are met.
Assess Partner Support
If you qualify as Adult Interdependent Partners, you may have the right to seek spousal support. The Court will consider whether one partner has financial need, whether the other has the ability to pay, and whether compensation is owed for sacrifices made during the relationship, such as career interruptions to raise children.
Negotiate and Draft a Written Separation Agreement
A written separation agreement outlines the terms for property division, spousal support, and parenting arrangements. Working with a common-law separation lawyer can help you review the agreement and ensure it is fair and equitable.
Choose a Resolution Path
At Jones Divorce & Family Law, we offer a number of resolution options, including:
- Mediation
- Arbitration
- Legal coaching
- Negotiation
- Collaborative law
- Litigation
Our lawyers will help you effectively navigate your common-law separation with a focus on your time, money, and well-being.
Update Wills, Beneficiaries, Insurance & Titles
Common-law separations can alter several legal and financial arrangements. It is essential to update your will, power of attorney, and beneficiary designations for life insurance, RRSPs, and pensions. Additionally, update property titles, vehicle registrations, and joint accounts to reflect the new ownership. This will prevent any unintended transfers or claims in the event of an unforeseen circumstance.
Experts You Can Trust
Dereck A. Jones | Partner
Dereck is a senior family lawyer and partner with 30 years of experience, having practiced exclusively in family law since 1995. He is an experienced litigator with a strong track record in Alberta courts, and is highly skilled in negotiation, mediation, and arbitration. Known for his thoughtful and resolution-focused approach, Dereck is committed to helping clients navigate complex family matters with sensitivity, efficiency, and cost-effectiveness.
Lindsay C. Ewens-Jones, KC | Partner
Lindsay is an accomplished divorce and family lawyer who has practiced exclusively in this field since 2000. She combines her vast litigation skills with a strong focus on alternative dispute resolution. As a trained mediator, arbitrator, and collaborative law practitioner, she is deeply committed to helping clients reduce conflict, stay informed, and remain in control of their outcomes. Through her client-centred approach, Lindsay is recognized for her ability to guide clients through complex divorce matters efficiently and constructively.
Krysta Ostwald, KC | Of Counsel
Krysta brings over 25 years of exclusive family and divorce law experience, with a focus on mediation and arbitration. She aims to resolve disputes efficiently and with minimal conflict. She is well-versed in alternative dispute resolution and has been consistently recognized as one of the Best Lawyers in Canada since 2006. Known for her child-focused, collaborative approach, Krysta empowers clients to make informed decisions while protecting their interests.
Ainsley E. Vieira | Partner
Ainsley is an experienced family lawyer who has practiced in both Manitoba and Alberta, with a focus on separation, divorce, and related legal matters since 2013. She advocates for clients in all levels of court, as well as in private mediation and arbitration. Ainsley is committed to ensuring clients feel informed, heard, and supported throughout the process, and emphasizes time- and cost-effective solutions while promoting her clients’ best interests.
Jesse T. Bonner | Partner
Jesse is a dedicated family lawyer and mediator in Calgary who has focused exclusively on family law since being called to the bar in 2015. Known for his compassionate, client-centred approach, he provides accessible legal and mediation services for a wide range of family structures, including LGBTQIA+ clients. With a strong foundation in both litigation and alternative dispute resolution, Jesse helps clients navigate divorce, custody, and other family matters with clarity, empathy, and efficiency.
Frequently Asked Questions
During a common-law separation in Calgary, do I automatically have rights to my partner’s property if my name is not on the title?
Not automatically. Under Alberta’s Family Property Act, if you meet the definition of Adult Interdependent Partners, property acquired during the relationship is generally divided 50/50, regardless of whose name is on the title. However, property owned before the relationship or received as a gift/inheritance is usually excluded (unless it has been used for the benefit of the relationship).
What happens to debts incurred during the common-law relationship?
Debts are treated similarly to assets. If they were incurred during the relationship for the benefit of both partners (e.g., a mortgage, vehicle loan, household expenses), they are typically shared equally. However, if the debt was taken on by one partner for their personal use, it may remain solely their responsibility.
Can I stay in the home after we separate if my common-law partner owns it?
Yes, in some cases. Even if you are not on the title, you may apply for exclusive possession of the home through the court, especially if children live there and it is in their best interests. This does not change ownership, but it can grant you the legal right to remain in the home for a specified period.
What if we disagree on when we actually separated?
The date of separation matters because it affects property division deadlines—generally two years from separation to make a claim—and support calculations. If you disagree, courts will decide a date by looking at evidence, including:
- When you stopped living together,
- When you stopped presenting as a couple,
- When you stopped sharing finances.
Do I need to register our Adult Interdependent Partnership with the government?
No, registration is not required to be considered Adult Interdependent Partners under Alberta law. You can qualify by living together for at least three years, having a child together, or signing an Adult Interdependent Partnership Agreement. Registration can help prove the relationship in legal disputes, but it is optional.
What is the difference between separation and divorce in Canada?
Separation: If you are legally married but separated, your marital status doesn’t officially end—you remain legally married and, thus, cannot marry someone else. A separation signifies the conclusion of your everyday marital relationship, but doesn’t proceed as far as a formal divorce. It is not mandatory to involve a court to establish a separation. However, seeking guidance from a separation lawyer in Calgary is recommended when drafting the Separation Agreement, as there may be numerous aspects to consider.
Divorce: In contrast, a divorce typically requires the involvement of a court. Only the Court of the King’s Bench of Alberta can officially terminate your marital status by approving a divorce. Therefore, hiring an experienced divorce lawyer in Calgary is highly recommended.
Before the court can sanction a divorce, you must be separated for a minimum of 12 months. Due to financial or other logistical reasons, some individuals may choose to prolong their separation.
To learn more about the difference between separation and divorce, see our blog or contact our separation lawyers in Calgary.
In what situation would separation be a more appropriate choice over a divorce?
Couples might hire a separation lawyer in Calgary to assist with a separation, but not carry on with the legal divorce proceedings. This may occur for many reasons, including:
- If the couple may want to reconcile,
- If there are financial benefits to staying legally married,
- If the parties simply do not want to proceed with the official divorce.
A separated spouse can still take advantage of health insurance coverage from the other’s employment, and they can jointly file taxes, leading to potential benefits. It also allows couples to retain marital status to claim Social Security and military benefits, which require at least 10 years of marriage.
What is a Separation Agreement?
A Separation Agreement is a binding legal document encompassing all the issues you and your spouse must address if you continue living separately. It can be applied in both legal marriages and common-law relationships. A Separation Agreement does not end your marriage but merely sets out your rights and obligations as two parties living apart.
A Separation Agreement should include information such as:
- How you intend to divide your property;
- Support obligations for spouses and children;
- How you intend to educate your children;
- A parenting plan including division of custody; and
- Any other matters you and your spouse deem necessary.
Our common-law separation lawyers in Calgary recommend including as many foreseeable issues in the Separation Agreement as possible to help avoid any bumps down the road.
What are the financial responsibilities of a separation?
A legal separation places your marriage or common-law relationship in a state of suspension. It typically involves both partners relocating to separate residences and beginning to lead independent lives.
However, it is possible to be separated and live in one household. Should this be the case, the parties will need to show that they were no longer living as a couple but instead, independently. This can be proven by how they ate meals, divided finances, presented themselves to friends and family and the division of labour in the home.
What are the legal implications of separation in Canada?
In Alberta, no official Court proceedings are needed to make a separation legal or official. This is different from what you may have seen on TV or in the U.S. In Canada, there is no distinction between trial separation and legal separation. Couples who choose to separate can do so at their will without involving the Court.
However, if you do not file for divorce, you and your spouse will remain legally married. During a separation, there remains a legal obligation to support one another and any children of the marriage. If you wish to outline terms of the separation to include division of property, child support, spousal support, parenting, child custody, etc., you can sign a Separation Agreement.
In what situation would divorce be a more appropriate choice than separation?
Divorce may be favoured in certain circumstances. If a legal separation provides no financial advantage and you are certain about ending your marriage, opting for a divorce saves time and money by avoiding two legal processes. If you plan on remarrying, a divorce is necessary, as you cannot legally remarry while still married. Divorce also completely severs ties, eliminating mutual decision-making in medical or financial matters.
Both legal separation and divorce have unique attributes, and a divorce lawyer can best guide you on the suitable choice for your situation.
Do I need a lawyer to separate from my spouse?
You could start your separation without a divorce lawyer, but you would likely benefit from legal advice during the process. Once both of you sign the Separation Agreement, it becomes a legally binding contract. Should a dispute about its terms arise, the Court will consider those terms binding. It is also important to note that in Alberta, a Separation Agreement must be signed in the presence of a lawyer who must provide independent legal advice.
As a result, your separation will require you to make decisions that have a lasting effect. It is best to ask a divorce lawyer for advice to protect your future best interests.
If you are considering separation and wish to have a Separation Agreement drawn up, we recommend consulting a divorce lawyer. A lawyer will ensure your Separation Agreement is legally binding, includes all relevant clauses, and will advocate for fairness on your behalf.
