The Legal Rights of Common Law Spouses in Alberta

In Alberta, common law relationships are becoming increasingly popular. Many couples choose to live together without getting married, either as a personal choice or for financial reasons. However, when these relationships end, there can be confusion about what legal rights and entitlements common law spouses have. This article will provide a comprehensive guide to the legal rights of common law spouses in Alberta.

What is a Common Law Relationship in Alberta?

In Alberta, a common law relationship is defined as two people who have lived together in a “marriage-like” relationship for at least three years, or less if they have a child together. The term “marriage-like” is not clearly defined, but it generally means a relationship that is similar to a marriage in terms of commitment, conduct, and lifestyle.

Rights and Entitlements of Common Law Spouses in Alberta:

Common law spouses in Alberta are entitled to certain legal rights and entitlements, including:

1. Property Rights: Common law spouses in Alberta have property rights similar to those of married couples. If the couple separates, each partner is entitled to a share of any property that was acquired during the relationship. This includes real estate, bank accounts, investments, and personal belongings.
2. Child Support: If the common law couple has children together, either partner may be required to pay child support if they separate. In Alberta, child support is calculated based on the income of both parents and the number of children they have.
3. Spousal Support: Common law spouses in Alberta may be entitled to spousal support if they separate. Spousal support is calculated based on factors such as the length of the relationship, each partner’s income and earning potential, and the standard of living during the relationship.
4. Pension Benefits: If one partner has a pension plan, the other partner may be entitled to a share of the benefits if the couple separates.
5. Health Benefits: If one partner has health benefits through their employer, the other partner may be entitled to coverage under those benefits if they meet certain criteria.
6. Immigration Status: If one partner is a foreign national, they may be able to obtain permanent residency in Canada through their common law relationship with a Canadian citizen or permanent resident.
7. Estate Rights: Common law spouses in Alberta have the right to inherit from each other’s estates if there is no will. However, if there is a will and the common law spouse is not listed as a beneficiary, they may not be entitled to any inheritance.

It is important to note that common law spouses in Alberta do not have the same automatic legal rights and entitlements as married couples. For example, common law spouses do not have the right to an equal division of property when they separate. Instead, property is divided based on who owns what and who made contributions to the property during the relationship.

Protecting Yourself in a Common Law Relationship in Alberta:

If you are in a common law relationship in Alberta, it is important to protect yourself and your assets. Here are some steps you can take to protect yourself:

1. Cohabitation Agreement: A cohabitation agreement is a legally binding contract that outlines how property will be divided if the couple separates. It can also address issues such as spousal support and child support. A cohabitation agreement can help prevent disputes and provide clarity in the event of a separation.
2. Wills and Estates: If you want to ensure that your common law spouse inherits from your estate, you should make a will that specifically names them as a beneficiary. Without a will, your estate may be distributed according to Alberta’s laws of intestacy, which may not reflect your wishes.
3. Financial Planning: Common law spouses should discuss their finances and plan for the future together. This includes creating a budget, saving for retirement, and discussing how to pay for major expenses such as a home or child’s education.

Conclusion:

Common law relationships are becoming increasingly popular in Alberta. While common law spouses have certain legal rights and entitlements, they do not have the same automatic legal protections as married couples. It is important for common law spouses to understand their legal rights and take steps to protect themselves and their assets. A cohabitation agreement, will, and financial planning can help ensure that both partners are protected in the event of a separation.