You should not rely on this

booklet for legal advice. It

provides general information on

Alberta law only.

Is this the same as Common Law?The term living “common-law” is often used

in everyday language to describe a couple

that lives together, with or without children,

but is not legally married. The Canadian

government recognizes “common law”

relationships for income tax purposes, but

the Alberta government does not.

In Alberta, the phrase Adult Interdependent

Relationships (“AIR”) is used instead of common law.

Adult Interdependent Partners (“AIPs”) include unmarried couples but can

also include non-sexual partners who live together. For example, two friends

or relatives living together may qualify as AIPs.

This booklet will help you understand the law in Alberta that applies to

people who live together.

Living Together Adult Interdependent Relationships

#800 10050 – 112 StreetEdmonton, AB T5K 2J1Phone: 780-451-8764Fax: 780-451-2341info@cplea.cawww.cplea.ca

Centre forPublic Legal EducationAlberta

Javier and Maria were living separately when Maria got pregnant. When the baby was born they decided to move in together to share bills and live as a family.

What Do AIRs Look Like?

Elise and Olivia met while on vacation and started dating shortly after. They bought a house and moved in together. They used a shared bank account to pay their bills. After living together for 5 years, Elise got a job in a different city and wanted to end the relationship. Olivia could not afford to live on her own, so she applied for spousal/partner support.

Ryan and Al have been friends for over forty years. When their wives died, they decided to move in together. Ryan did the cooking and Al did the cleaning. They shared expenses and bought a car together. The two had lived together for over 3 years when Al unexpectedly died. The will he wrote 5 years ago was revoked because he had a new Adult Interdependent Partner. Al’s estate was required to financially provide for Ryan.

Karen moved in with her father Sam after her mother died a year ago. Karen and Sam wanted to become Adult Interdependent Partners so Karen could share Sam’s health benefits. Because they are related they needed to sign an Adult Interdependent Agreement. Their Adult Interdependent Relationship ended when Karen’s father remarried.

Martin and Jolanda were both divorced when they met. They didn’t like the idea of being married again but they wanted to protect their relationship. They signed an Adult Interdependent Agreement and then moved in together.

Kristy and her husband, Tom, separated 5 years ago. Kristy met Bob and fell in love. They moved in together and have been happy for 4 years. Kristy and Bob are AIPs, even though Kristy is legally married to someone else.

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Are You in an Adult Interdependent Relationship?

Are You Living with Someone?

Do you and your partner:

• Share one another’s life?• Function as an economic and domestic unit? For example:

• Share bills, chores, property, and rely on each other financially?

• And are you emotionally committed to one another?

YES NO

YES NO

Are you related by blood or adoption? You are not in an AIR

Are both people over the age of 18?

YES NO

Do you have a child with this person?

YES NO

Have you signed an Adult Interdependent Agreement?

YES NO

Have you lived for more than 3 years together?

YES NO YES NO

YES NO

You are not in an AIR

You are not in an AIR You are in an AIR

You are in an AIR You are not in an AIR Have you signed an Adult Interdependent Agreement?

You are in an AIR

You are in an AIR You are not in an AIR

Unless you fall into an exception, then the Act automatically applies to you and your partner. You cannot waive your rights under the Adult Interdependent Relationship Act. The law will not apply to you if you:

• are already an AIP;• are married and living with your spouse;• are under 16 and do not have guardian consent to enter into an AIP agreement;• do not have capacity to understand what you were agreeing to; or• entered into an AIP agreement under fraud or duress (you were forced or pressured into the agreement).

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How Does Being an AIP Affect You?

The rights, benefits and responsibilities of AIPs can be similar to, and even the same as, people who are married.• Partners can apply for financial support when the relationship ends.• Partners can register together for coverage under the Alberta Health Care Insurance Plan. • If a partner dies without a will his or her partner may access all or a portion of the deceased partner’s estate.

The estate may also be required to provide adequately for the surviving partner.• If a will was made before ending an AIR, the survivor may no longer be entitled to any gifts under the will.• Upon the death of a partner the survivor may be entitled to benefits.• Partners can apply for a protective order if their partner has threatened or subjected them to violence.• A partner’s AISH (Assured Income for the Severely Handicapped) benefits are available to the Adult

Interdependent Partner.

* Please note that this list is not complete and that there may be other rights and responsibilities you acquire by being an AIP.

NotesCPLEA The Centre for Public Legal Education Alberta is a non-profit organization whose purpose is to provide Albertans with reliable information about their rights and responsibilities.

#800 10050 – 112 StreetEdmonton, AB T5K 2J1Phone: 780-451-8764Fax: 780-451-2341info@cplea.cawww.cplea.ca

You should not rely on this booklet for legal advice. It provides general information on Alberta law only.

January 2013

Centre forPublic Legal EducationAlberta

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