Understanding Separation in Alberta

Ending a relationship can be a very difficult and complex journey. Understanding the significance to being separated from your partner or spouse is often a crucial aspect to the separation process. Depending on the nature of your relationship, being separated holds weight, influencing critical matters such as property division, child support and spousal support.

For two people to separate, it must first be established that they are in a relationship. In Alberta, a couple’s relationship can be recognized in one of two ways: either through an Adult Interdependent Relationship or through marriage.

Establishing a Relationship

For couples who are not married, the law in Alberta recognizes this type of relationship as an “Adult Interdependent Partnership.” To establish an Adult Interdependent Partnership the couple must meet one of the following criteria:

• Lived together continuously for at least 3 years 

• A child of the relationship either by birth or adoption

• Entered into an Adult Interdependent Relationship agreement

For married couples, establishing a relationship is more straightforward. In order to get married in Alberta, the following criteria must be met: 

• A person must be 18 years or older and persons between 16-18 must have consent from a legal guardian 

• A person cannot be currently married to another person 

• The marriage must be voluntary

Separation for Adult Interdependent Partners 

When Adult Interdependent Partners decide to separate, they do not need to file for divorce. A written agreement can be made between the parties stating the relationship is over, however, this does not need to be filed in court. 

To establish an Adult Interdependent Partnership has ended and the relationship has ceased, one of the following criteria must be met: 

• The parties sign a written agreement indicating that they intend to live separate and apart without the possibility of reconciliation;

• The parties live separate and apart for longer than one year, and one or both of them intend that the relationship stop;

• The parties enter into marriage together, or one party marries someone else; or

• One or both parties obtains a declaration of irreconcilability under Alberta’s Family Law Act.
  

In the event of a separation, Adult Interdependent Partners may be entitled to receive support. The Family Law Act applies to Adult Interdependent Partners and section 57 of the Family Law Act outlines that the Court may grant partner support to Adult Interdependent Partners. The court may take into consideration and base their decision on the factors outlined in Section 58 of the Family Law Act. 

If the Adult Interdependent Partners have children, one of the partners may also be entitled to child support. If child support is granted, it will be in accordance with the Federal Child Support Guidelines. 

Separation & Divorce 

The separation process for couples who are married in Alberta is different than those in an Adult Interdependent Partnership. A divorce may indicate a breakdown of the marriage which has led to the couple living separate and apart. For most couples, the process of separation and divorce will begin when either the wife or husband leaves the family home though, the couple can still live in the same home while being separated. 

In Alberta, a couple must separate first, then get a divorce later on. During the time of separation, the parties may choose to enter into a separation agreement. Though not legally required, a separation agreement is a binding contract which can help in the divorce process. Separation agreements establish stability in the separation by addressing parenting schedules, the amount of support paid and dividing joint property. 

Although the couple may be separating, this does not mean the relationship is finalized in the eyes of the law. The finalization of the marriage happens once the divorce is granted.  

Grounds for Divorce

There are three grounds for divorce in Alberta: separation, adultery, and cruelty. 

1. Separation: 

You and your spouse have been living separate and apart continuously for at least 1 year.

2. Adultery: 

A divorce can be granted if your spouse has committed adultery by engaging in voluntary sexual activity with another party. Here you can file for divorce without waiting one year. You will need sufficient proof.  

3. Cruelty: 

A divorce can be granted if one spouse has treated the other spouse with physical or mental cruelty to the point you are no longer able to live with your spouse. Here you can file for a divorce without waiting one year. You will need sufficient proof.

These grounds provide legal avenues for spouses seeking to dissolve their marriage in Alberta, allowing for the termination of the marital relationship through formal legal proceedings. 

---

Seeking Legal Advice 

Separation and divorce involve various legal considerations, including child support, spousal support, and the division of assets and debts, making the process emotionally and legally intricate. Working with a family lawyer ensures the protection of your rights and interests. Family lawyers play a pivotal role in ensuring that decisions made during separation and divorce are carefully considered, providing informed advice and guidance, negotiating fair terms, and prioritizing your best interests throughout the process. 

Contact Stokes law to set up a consultation to discuss your unique situation. 

BOOK A MEET & GREET