Adult Interdependent Relationships

The term ‘common-law’ is often used to describe a couple that lives together, with or without children, but is not married.

The term ‘common-law’ is no longer used in Alberta laws. In June 2003, a law was passed that created ‘adult interdependent relationships.’ This law is called the Adult Interdependent Relationships Act.

The term ‘common-law’ is, however, still used by other governments in Canada. For example, the federal government still uses the term ‘common-law’ for income tax purposes or for the purpose of receiving federal government benefits. In these cases, there is a time requirement of only one year of living together (as opposed to the requirements under the Adult Interdependent Relationships Act).

Last Reviewed: June 2019

The Adult Interdependent Relationships Act creates a type of legal relationship between two people who are not married. A relationship must have certain characteristics that are set out in the law to be considered an adult interdependent relationship.

Partners who are recognized as being in an adult interdependent relationship may gain the rights, benefits and responsibilities that come from other laws. Those rights, benefits and responsibilities are similar to – and, in most cases, the same as – those of married couples.

For example, Alberta’s Family Law Act allows adult interdependent partners to apply for partner support where the relationship has broken down. Alberta’s Family Property Act directs adult interdependent partners to divide property in the same way as married couples do, unless they have an enforceable agreement that says otherwise. An adult interdependent partner is also a “dependent” for the purposes of the Wills and Succession Act, meaning that a surviving partner can apply for maintenance and support from the estate if the deceased does not make adequate provisions for them in the Will or on intestacy (where the deceased dies without a Will).

Last Reviewed: January 2020

An adult interdependent relationship can exist in three situations:

1. Two people have signed an Adult Interdependent Partner Agreement. (If two people are related by blood or adoption, they must sign this agreement to be considered adult interdependent partners.)
2. Two people have lived together in a relationship of interdependence for three years or more.
3. Two people live together in a relationship of interdependence and have a child together, by birth or adoption.

A “relationship of interdependence” exists where two people:

• share one another’s lives; and
• are emotionally committed to one another; and
• function as an economic and domestic unit.

An adult interdependent relationship does not have to be conjugal (sexual); it can be platonic (between friends or relatives).

Last Reviewed: June 2019

The Adult Interdependent Relationships Act says that all the circumstances of the relationship must be looked at to see if it is an adult interdependent relationship. The Act also lists some specific factors that the court looks at. The factors are:

• whether the couple has a conjugal (sexual) relationship;
• how exclusive the relationship is (for example, whether each person has conjugal relationships with others);
• how the couple usually acts and conducts themselves regarding household activities and living arrangements (for example, whether they share rooms or chores);
• the extent to which the couple portrays to others that they are an economic and domestic unit (for example, whether they introduce themselves to others as a ‘couple’);
• the extent to which the couple formalizes their legal obligations, intentions and responsibilities toward one another (for example, whether they have completed an Adult Interdependent Partner Agreement or made provision for each other in their Wills);
• the extent to which direct and indirect contributions have been made to each other or for their mutual well-being (for example, payments into joint bank accounts or providing health benefits for each other);
• the extent to which they financially depend on each other;
• how the couple cares for and supports any children;
• whether the couple has bought, owns, or uses property together.

Remember, these are all just factors a judge could take into account when deciding whether or not two people are in an adult interdependent relationship. They are not absolute requirements. For example, an adult interdependent relationship does not have to be conjugal (sexual). It can be platonic (between friends or relatives), but it is more likely to be an adult interdependent relationship if it is conjugal.

Last Reviewed: June 2019

You are not in an adult interdependent relationship if you live together but you:

• have not lived together for three years; and
• do not have a child together; and
• have not signed an Adult Interdependent Partner Agreement.

If this is the case, you may still qualify as common-law partners under federal laws (such as for tax purposes) depending on how long you have lived together. However, you will not qualify for benefits available to adult interdependent partners.

If you have not yet lived together for three years, you can be considered adult interdependent partners if you make an Adult Interdependent Partner Agreement. You can then qualify for the benefits available to adult interdependent partners. See the section called “ Adult Interdependent Partner Agreements” for more information on this type of agreement.

Last Reviewed: June 2019

A person who is younger than 18 years can be in an adult interdependent relationship if:

• they meet the requirements set out in the Adult Interdependent Relationships Act; and
• they are not related to each other by blood or adoption.

You do not need to make an Adult Interdependent Partner Agreement to be in an adult interdependent relationship. However, if you are a minor and want to make an Adult Interdependent Partner Agreement, you can only do so if:

• you are 16 or 17 years old; and
• your guardians sign the Agreement indicating their consent; and
• you are not related to your partner by blood or adoption.

Last Reviewed: November 2019

Yes, you can be in an adult interdependent relationship with a relative if:

• you are both over 18 years of age; and
• you both sign an Adult Interdependent Partner Agreement.

If you do not meet both of these requirements, then you cannot be in an adult interdependent relationship with a relative.

Last Reviewed: June 2019

Yes, as long as the relationship meets the requirements of an adult interdependent relationship under the Act.

Last Reviewed: June 2019

No. The Adult Interdependent Relationships Act says that a relationship of interdependence does not exist where one person provides another person with domestic support and personal care:

• for money or other favours (such as room and board); or
• on behalf of another person or organization, including the government.

Last Reviewed: June 2019

Yes. If you are still married but separated, you can be in an adult interdependent relationship with someone else. However, you cannot sign an Adult Interdependent Partner Agreement with your adult interdependent partner while you are still married to someone else.

Last Reviewed: June 2019

No. The Act states that a person can only have one adult interdependent partner at a time.

Last Reviewed: June 2019

Yes. The Adult Interdependent Relationships Act applies to adult interdependent relationships that began before the Act came into force, as long as the criteria set out in the Act are satisfied.

Last Reviewed: June 2019

Yes. The Adult Interdependent Relationships Act has amended the Insurance Act to allow for a person to insure the life of an adult interdependent partner. There are also rules which allow for an adult interdependent partner to receive certain insurance benefits under the law.

Last Reviewed: June 2019

Yes. The law for AISH states that benefits available to a spouse of a severely handicapped person are now also available to the cohabiting partner of that person. A cohabiting partner includes someone who is an adult interdependent partner. The income and assets of the cohabiting partner will be taken into account in the financial assessment. (See the Assured Income for the Severely Handicapped General Regulations.)

Last Reviewed: June 2019

No. The Dower Act only applies to married people while the Adult Interdependent Relationships Act only applies to unmarried couples.

The Dower Act gives a married person the right to live in a matrimonial home and makes sure that the home will not be mortgaged, sold or transferred without the spouse agreeing.

Last Reviewed: June 2019

An Adult Interdependent Partner Agreement is a formal document that two people sign to indicate they are in an adult interdependent relationship. The agreement must be in the form provided in legislation called the Adult Interdependent Partner Agreement Regulation.

The agreement must include the following details:

• the names and addresses of the two people who are becoming adult interdependent partners;
• a statement that the partners understand they are becoming each other’s adult interdependent partners and that they will now have all the benefits and obligations of adult interdependent partners under Alberta law;
• a statement that each of the partners are 16 years or older, are not married, have not signed another adult interdependent agreement, and are living or intend to live together in a relationship of interdependence;
• a statement that the agreement will expire if they become former adult interdependent partners;
• the date of the agreement;
• the signatures of each partner and two witnesses for each partner. The names and addresses of the witnesses must also be included; and
• if either partner is 16 or 17 years of age, the guardians of that partner must indicate their consent by signing the agreement. (Partners who are related by blood or adoption cannot enter into an agreement until they are at least 18 years old.)

The format for an Adult Interdependent Partner Agreement can be found here: http://www.qp.alberta.ca/1266.cfm?page=2011_066.cfm&leg_type=Regs&isbncln=9780779757336

Last Reviewed: June 2019

Sort of. There is a specific format for an Adult Interdependent Partner Agreement. The format is set out in the Adult Interdependent Partner Agreement Regulation. You can copy and paste or retype the required information into your own document before printing off and signing. However, be careful to copy the format exactly or else the agreement may be invalid.

The format for an Adult Interdependent Partner Agreement can be found here: http://www.qp.alberta.ca/1266.cfm?page=2011_066.cfm&leg_type=Regs&isbncln=9780779757336

Last Reviewed: June 2019

No. Each partner should have an original copy of the agreement and should keep it in a safe place in case you need to reference it later on.

Last Reviewed: June 2019

No. In a cohabitation agreement, two people who live together set out what their obligations are to each other in the relationship, including what their roles are in the relationship or how their property might be divided or financial support provided if they separate. There is no specific format for a cohabitation agreement. You should contact a lawyer if you want to make a cohabitation agreement to make sure the agreement is valid.

An Adult Interdependent Partner Agreement simply states that the partners agree to be in an adult interdependent relationship. The agreement must be in the form provided in legislation called the Adult Interdependent Partner Agreement Regulation.

The format for an Adult Interdependent Partner Agreement can be found here: http://www.qp.alberta.ca/1266.cfm?page=2011_066.cfm&leg_type=Regs&isbncln=9780779757336

Last Reviewed: June 2019

The law states that you cannot enter into an Adult Interdependent Partner Agreement if:

• you have signed an Adult Interdependent Partner Agreement with someone else;
• you are legally married;
• you are a minor (unless you are at least 16 years old, your guardians give written consent to the agreement, and you are not related to your partner by blood or adoption);
• you are forced to sign the agreement under fraud or duress (being forced or pressured into the agreement);
• you do not have capacity to understand what you are agreeing to; or
• you and your partner are not living together when you sign the Agreement and do not intend to live together.

If you fall under one of the situations listed above, then the Agreement will not be valid.

Last Reviewed: June 2019

Yes, with one exception. People related to each other by blood or adoption must sign an agreement in order to be in an adult interdependent relationship.

For everyone else, an agreement is simply a way to formalize the adult interdependent relationship. Regardless of whether you have an agreement, you are still in an adult interdependent relationship if you:

• have lived with your partner in a relationship of interdependence for at least three years; or
• have a child (by birth or adoption) with your partner and have lived with them in a relationship of interdependence (could be for less than three years).

A relationship of interdependence means you share each other’s lives, are emotionally committed to each other, and function as an economic and domestic unit.

Last Reviewed: June 2019

Sometimes. A minor can enter into an agreement if:

• they are at least 16 years of age; and
• their guardians give their consent by signing the agreement.

A minor cannot enter into an agreement or be in an adult interdependent relationship with a person they are related to by blood or adoption.

Last Reviewed: June 2019

An Adult Interdependent Partner Agreement ends when the adult interdependent relationship ends. See the question “When does an adult interdependent relationship end?” for more information.

Last Reviewed: June 2019

No. An Adult Interdependent Partner Agreement is not valid if one person was persuaded to make the agreement by fraud, duress or undue influence. ‘Fraud’ means that someone deceived you or lied to you to get you to sign the agreement. ‘Duress’ means that someone put a lot of pressure on you to sign the agreement. ‘Undue influence’ means that someone used their power over you to make you sign the agreement.

If you lost money or suffered other damages because you signed the agreement and the other person knew the agreement would be invalid, you can take legal action against the other person.

If someone else (who did not sign the agreement) lost money or suffered damages because they relied on the invalid agreement, that person can take legal action against the partners who signed the agreement (if one or more of the partners knew the agreement was invalid).

Last Reviewed: June 2019

The Adult Interdependent Relationships Act specifically provides that where someone falsely uses an Adult Interdependent Partner Agreement to claim that an adult interdependent relationship exists with someone, they are liable to anyone else who suffers loss because they rely on the agreement. The person is also liable if they allege that an adult interdependent relationship exists when one does not.

Last Reviewed: June 2019

An adult interdependent relationship ends if:

• you and your partner make a written agreement stating that the relationship is over, that you intend to live separate and apart, and that there is no possibility of reconciliation. You can make this type of agreement even if you did not make an Adult Interdependent Partner Agreement; or
• you and your partner live separate and apart for one year, and one or both of you intends that the relationship is over; or
• you marry each other, or one of you marries someone else; or
• you or your partner enter into an Adult Interdependent Partner Agreement with someone else (this applies where you are in an adult interdependent relationship but have not signed an Adult Interdependent Agreement); or
• one or both of you get a declaration of irreconcilability under the Family Law Act.

Once the adult interdependent relationship ends, you become “former adult interdependent partners”.

Last Reviewed: June 2019

If you reconcile for less than 90 days before breaking up again, the clock does not stop on the requirement that you live separate and apart for one year before you can become former adult interdependent partners of each other. For example, if you break up for 5 months and then reconcile for 2 months before breaking up again, you would only have to be separated for another 5 months to have lived separate and apart for one year.

If you reconcile for 90 days or more, then the clock restarts on the requirement that you live separate and apart for one year before you can become former adult interdependent partners of each other. For example, if you break up for 9 months and then reconcile for 5 months, you would have to live separate and apart for another year before the relationship would be deemed to be over. The initial 9-month separation would not count.

You can also both sign a written agreement stating that the relationship is over, that you intend to live separate and apart, and that there is no possibility of reconciliation. You do not have to wait one year before signing this type of agreement. You can make this type of agreement even if you did not make an Adult Interdependent Partner Agreement.

Last Reviewed: June 2019

Yes, you can live with your former adult interdependent partner. However, it is important to ensure that your lives are as separate as possible, even while living in the same house. Otherwise, you might still be considered to be in a relationship. For example, you should have separate financial arrangements, provide no benefits to each other, and not have sexual relations.

If there is a dispute, you must be able to show that, even though you lived together, you lived separate and apart for one year. The onus is on the person claiming the relationship did not end to show that the adult interdependent relationship existed throughout this period.

To remove any confusion, you and your partner could enter into a written agreement stating that the adult interdependent relationship is over, that you intend to live separate and apart, and that there is no possibility of reconciliation. You do not have to wait one year before signing this type of agreement. You can make this type of agreement even if you did not make an Adult Interdependent Partner Agreement.

Last Reviewed: June 2019

Alberta’s Family Property Act says that adult interdependent partners divide property the same way that married couples divide property:

1. Some property one partner can keep for themselves. This includes the property you brought into the relationship and some kinds of property you get during the relationship (including gifts, inheritances, insurance payouts and court awards). If you bring property into the relationship, you get to keep the value of the property as of the date the relationship began. If you get a gift, inheritance, insurance payout or court award during the relationship, you get to keep the value of that property as of the date it was received.
2. Some property is divided, but not necessarily equally. This includes the increase in value of property brought into the relationship and the increase in value of any gifts, inheritances, insurance payouts and court awards received during the relationship. This category also includes new property gotten from the sale of this property and gifts received from the other person.
3. Some property is divided equally. This is all of the property the couple acquired during the relationship.

For more information, see CPLEA’s booklet called Property Division for Married and Unmarried Couples, part of the Families and the Law series.

Last Reviewed: January 2020

You may have to if your adult interdependent partner was a witness to your Will or Personal Directive or Power of Attorney.

• If your adult interdependent partner was not a witness to your Will or Personal Directive or Power of Attorney, then the document is still valid and is not changed just because you enter into an adult interdependent relationship.
• If your adult interdependent partner was a witness to your Personal Directive or Power of Attorney, then the document is no longer valid. You should make a new Personal Directive or Power of Attorney and have someone else witness it.
• If your adult interdependent partner was a witness to your Will, then the Will is still valid but any gifts to that partner are invalid. If you want your partner to be a beneficiary of your estate, you should make a new Will and have someone else witness it.

Even if the document is still valid, you may consider changing it if it no longer reflects your wishes.

Last Reviewed: June 2019

If you ended your relationship after February 1, 2012, your Will is still valid and is not affected by your change in relationship. However, certain parts of your Will may no longer be valid:

• if you leave a gift in your Will to your former adult interdependent partner, that gift is revoked (cancelled) unless you specifically intended for that person to still get the gift even after the separation. You can state your intention right in your Will or Codicil by confirming the gift and acknowledging the change in relationship;
• if you named your former adult interdependent partner as your Personal Representative, that appointment is revoked (cancelled), meaning that person cannot act. If you have named alternate Personal Representatives, then those people may be able to act. If you have not named any other Personal Representatives, your Will is still valid but someone will need to apply to the court for authority to administer your estate.

Your Personal Directive or Power of Attorney are still valid and are not affected by your change in relationship. However, you may want to change these documents if they no longer reflect your wishes (such as if your former adult interdependent partner is named as your agent or attorney).

Last Reviewed: June 2019

Generally, the deceased partner’s estate is distributed according to their Will.

However, the surviving adult interdependent partner has certain rights regardless of what the Will says:

1. The surviving partner has a right to occupy the family home for a period of 90 days starting on the date of the death of the deceased partner.

This right to occupy the family home for 90 days arises if the surviving partner is not on title to the home and is ordinarily occupying the home it at the time of the death of the deceased partner. This right applies to condominiums, rented homes, a part of a business premise used for living space and mobile homes. The surviving partner is entitled to use the household goods during this time.

The deceased partner’s estate is responsible for paying the rent or mortgage payments for the home, payments on any leases or loans for household goods, insurance, taxes, utilities, and the costs of reasonable maintenance and repair of the home and household goods. The surviving partner is responsible for ensuring that the home and household goods are maintained and kept in a state of reasonable repair.

2. The surviving partner may ask the court for maintenance and support from the deceased partner’s estate if the deceased partner did not make adequate provisions for the surviving partner in their Will.

These rights are set out in Alberta’s Wills and Succession Act.

Last Reviewed: June 2019

The deceased partner is said to die intestate if they die without a will.

Two problems arise:

1. There is no one appointed to deal with the estate;
2. There is no formal, written record of what the deceased partner wanted to happen with their estate.

There are two laws in Alberta that deal with these problems.

First, the Estate Administration Act sets out who can apply to the court for a grant of administration for the deceased’s estate. This person is called the administrator. Under the Act, the surviving adult interdependent partner (or spouse) has first priority to apply to be the administrator or to nominate someone else to be the administrator of the estate. No one has authority to deal with an intestate person’s estate until they have permission from the court.

Once an administrator has been appointed by the court, Alberta’s Wills and Succession Act sets out who can inherit the deceased’s estate. The administrator must first pay off the deceased’s debt using the assets in the estate. Whatever assets are left, if any, are usually sold and the money received is given to the beneficiaries.

• If the deceased partner died without any descendants (children, grandchildren, great-grandchildren, etc.), then the surviving partner inherits the whole estate.
• If the deceased partner died with descendants, and those descendants are also the descendants of the surviving partner, then the deceased partner gets the whole estate.
• If the deceased partner died with descendants, and those descendants are not also descendants of the surviving partner, then the surviving partner gets either 50% of the estate or $150,000, whichever amount is greater. The deceased partner’s descendants share the rest of the estate.

If the surviving partner is related to the deceased partner, then the surviving partner only gets what they are entitled to as the surviving partner and not in any other capacity. (For example, if the surviving partner is the deceased partner’s child, the surviving partner would not get more from the estate for being both a partner and a child, they would only get their portion for being a partner.)

A surviving partner also has a right to live in the family home for 90 days after the deceased partner’s death and to make a claim for maintenance and support. See the question above called “What happens when one adult interdependent partner dies with a will?” for more information about these rights.

Last Reviewed: June 2019