Calgary Common-Law Separation Lawyers

Our Calgary common-law separation lawyers advise adult interdependent partners about property, support, parenting, agreements and dispute resolution. We help you work out which Alberta rules actually apply to your relationship, then choose a practical process for resolving the issues.

Read our Alberta guide below, explore family property division and spousal or partner support advice, or request a free 15-minute consultation.

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Client Testimonials

"I can not thank you enough for making this process easier then anticipated. You are genuine and lovely and I appreciate your professionalism and also they way you have eased my fears when I shared them to you."

Calgary family law client of Heather Fraese

I had an outstanding experience working with my lawyer Brandi Aymont. With the assistance of her paralegal Devonna McFarlane, they prepared my cohabitation agreement. They were knowledgeable, professional, and took the time to explain everything clearly, making what could have been a stressful process feel straightforward and comfortable…

Calgary cohabitation agreement client of Brandi Aymont

“I want to thank you. I hired you because you emphasized mediation, and I kept on hiring you in the face of one of my brothers and one of my friends insisting I hire a "bulldog" to counter (my ex’s) "bulldog." I'm glad I ignored their advice.”

Calgary family law mediation client of Heather Fraese

Brandi took very good care of me all the way through the whole process. She is extremely knowledgeable in her field and made every effort to make sure my son was taken care of and we got a fair deal. I have recommended her to several friends and will continue to recommend her.

Calgary family law client of Brandi Aymont

I can't say enough wonderful things about the team at Fraese Aymont Family Lawyers. Over the years, Brandi, along with her staff and associates, has provided exceptional support, guidance, and professionalism. Their knowledge, compassion, and dedication have made a real difference during challenging times…

Calgary family law client of Brandi Aymont

Brandi was very thorough and professional. I felt she did everything she could for my case and was very sympathetic to my issues and very happy with the results.

Calgary family law client of Brandi Aymont

"The child support calculator provided on line through this firm is awesome. We have a long standing support agreement and we use this annually to update the child support amounts based on our T4's. Thank you for providing this great tool online which allows you lawyers to focus on cases that really require your help rather than simple accounting annually for us folks long through the process."

Child support calculator user
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Common-Law Separation in Alberta: Adult Interdependent Partners

Current legal informationReviewed through July 2026This guide provides general information, not advice about a specific matter.

Free practical tools

Get organized before your consultation

These worksheets help establish the relationship timeline, protect property deadlines and separate legal status from assumptions based on tax, benefits or everyday use of the term common law.

Printable PDF worksheet
Adult Interdependent Partner Status Timeline

Maps cohabitation, children, agreements, separations and evidence relevant to Alberta status.

Use it when: when legal status is uncertain or the relationship included breaks in cohabitation.

Download the worksheet
Printable PDF worksheet
Two-Year Limitation Date Planner

A conservative planning worksheet for possible Family Property Act deadlines.

Use it when: as soon as a common-law relationship may have ended; do not use it as a substitute for advice.

Download the worksheet
Printable PDF worksheet
Common-Law Separation Issue Map

Separates property, support, parenting, estate and contract questions into a workable action list.

Use it when: before a consultation to avoid treating common-law status as the only issue.

Download the worksheet
Built from a boutique practice perspective Why these worksheets ask different questions Open the practice notes and concrete examples behind each tool.

A form should do more than collect facts. These notes explain the hidden issue each worksheet is intended to surface, using concrete examples rather than a generic list of legal topics.

What this worksheet is designed to uncover
Adult Interdependent Partner Status Timeline

Three years of continuous cohabitation is not the only path to adult interdependent partner status, and a tax label does not decide the family-law test. We use the timeline to connect dates with evidence of permanence, shared life and economic or domestic interdependence.

For example: A couple lived together for 30 months and had a child, but kept some finances separate. The analysis is not finished by counting months or checking a tax return. Housing, caregiving, how they organized daily life and the permanence of the relationship all need to be mapped.

What this worksheet is designed to uncover
Two-Year Limitation Date Planner

The difficult question is often not how to add two years, but when the relationship legally ended and when that should have been known. We build the chronology conservatively, preserve competing dates and flag other deadlines rather than allowing an uncertain assumption to expire a possible claim.

For example: One partner moved to the guest room in January, the couple continued joint finances through September and a written message ended reconciliation discussions in November. Do not choose the most convenient date. Record each event and obtain advice using the earliest plausible deadline.

What this worksheet is designed to uncover
Common-Law Separation Issue Map

Status is a gateway question, not the entire file. We separate Family Property Act issues from support, parenting, jointly owned assets, contracts and estate concerns so one uncertain label does not obscure a claim or practical step that stands on a different footing.

For example: A dispute may involve a jointly titled home, a business loan guarantee, child support and a beneficiary designation. Even if adult interdependent partner status is contested, the ownership documents, debt exposure and parenting obligations still need immediate analysis.

Common law is not one universal status

Common law is everyday shorthand, but different statutes define it differently. For Alberta family-law purposes, the concept that matters is the adult interdependent relationship. Tax, pension, benefits, estate and federal-law definitions are not necessarily the same.

Do not assume the box you tick on a tax return answers the property or support question. It often does not.

Who may be an adult interdependent partner

Alberta generally defines adult interdependent partners as two people living in a relationship of interdependence for at least three continuous years, living in such a relationship with some permanence where there is a child by birth or adoption, or entering an adult interdependent partner agreement.

A relationship of interdependence involves sharing one another’s lives, emotional commitment, and functioning as an economic and domestic unit. The analysis looks at the real relationship, including finances, household arrangements, public presentation, mutual contributions and care of children. Related persons can only become adult interdependent partners through the statutory agreement route.

Property division after January 1, 2020

The Family Property Act extends statutory property-division rules to adult interdependent partners within its scope who separated on or after January 1, 2020. It replaced the older system in which unmarried partners often relied mainly on ownership rules and equitable claims.

Property acquired during the relationship may be subject to division. Qualifying premarital property, inheritances and third-party gifts may have an exempt value, but tracing and increases in value require analysis. Agreements can alter the statutory result if the legal requirements are met.

The two-year property-claim deadline

Alberta states that an adult interdependent partner may make a Family Property Act claim within two years from the date the applicant knew, or ought to have known, that the relationship ended. Determining that date may not be simple where separation was gradual, the parties continued living together, or reconciliation was attempted.

Negotiating informally does not necessarily protect a limitation period. Get early advice that pins down the possible end date and every claim worth preserving.

Illustrative calculation

Illustrative status scenario: why the facts matter

Hypothetical only: two people have lived together for two and a half years, keep mostly separate finances and have no child or adult interdependent partner agreement. Calling themselves common law on a benefits form does not necessarily make them adult interdependent partners for an Alberta property or partner-support claim.

Change one fact—there is a child of the relationship and the relationship has the required permanence—and the statutory analysis may change before three years. Change another—they signed an adult interdependent partner agreement—and status may arise through a different route. The chronology and evidence matter more than the shorthand label.

Partner support is separate from property division

An adult interdependent partner may claim support under Alberta’s Family Law Act. Entitlement depends on the statutory objectives and the facts, including economic disadvantage or advantage, roles during the relationship, childcare, need and capacity for self-sufficiency.

The Spousal Support Advisory Guidelines are often used to estimate amount and duration after entitlement is established, but they are advisory rather than legislation. Property outcomes and support interact but remain distinct legal issues.

Parenting and child support do not depend on marriage

Children’s rights and parents’ obligations do not turn on whether the parents married. Alberta’s Family Law Act addresses guardianship, parenting and child support outside a divorce. The best interests of the child govern parenting decisions.

Child support is determined under the applicable guidelines. The October 2025 table update, parenting arrangement, special expenses and accurate guideline income can affect the amount.

Cohabitation and separation agreements

A cohabitation agreement can address property ownership, debt, sharing of expenses, support and what happens if the relationship ends. A separation agreement can document the resolution after separation.

Full financial disclosure, clear drafting, genuine voluntariness and independent legal advice prevent most avoidable enforceability disputes. Parenting and child-support terms remain subject to the child's rights and the court's statutory responsibilities, no matter what the agreement says.

Immediate practical steps

  • record the relationship and separation chronology
  • preserve documents showing assets and debts at the start and end of the relationship
  • gather tax, income, corporate and pension records
  • review beneficiary designations, wills, insurance and jointly held property
  • identify limitation dates before beginning prolonged negotiation
Sources used for this guide

Primary legal and court resources

Laws, court procedures and the application of legal tests can change. Obtain advice about the facts, deadlines and documents in your matter.

A Practical Legal Guide

Common-Law Separation

Contents
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Gain clarity on spousal and child support. Use our FREE and user-friendly Spousal and Child Support Calculators to better understand your financial obligations or entitlements in this critical aspect of your family law path.

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