Family Law / Divorce Library

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Adult Interdependent Partners

Adult Interdependent Partners

"Common law" relationship is a tax term. Albertan property division, support, and other laws instead use the term "Adult Interdependent Partnership" (AIP) to refer to qualifying unmarried couples.

Adult interdependent partners are similar to "common law couples", although "common law" is technically a tax term.

Being adult interdependent partners can lead to property division, partner support, and estate rights.

Adult Interdependent Partners are generally those who have either lived in a relationship of interdependence for a continuous period of not less than 3 years, lived in a relationship of interdependence of some permanence if there is a child of the relationship by birth or adoption (in other words, not a one-night-stand), or have entered into a valid Adult Interdependent Partner Agreement.

There is generally a "relationship of interdependence" where two unmarried people

  1. share one another's lives
  2. are emotionally committed to one another, and
  3. function as an economic and domestic unit, taking into account:
    1. whether or not the persons have a conjugal relationship;
    2. the degree of exclusivity of the relationship;
    3. the conduct and habits of the persons in respect of household activities and living arrangements;
    4. the degree to which the persons hold themselves out to others as an economic and domestic unit;
    5. the degree to which the persons formalize their legal obligations, intentions and responsibilities toward one another;
    6. the extent to which direct and indirect contributions have been made by either person to the other or to their mutual well‑being;
    7. the degree of financial dependence or interdependence and any arrangements for financial support between the persons;
    8. the care and support of children;
    9. the ownership, use and acquisition of property.



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Content by Ken Proudman of BARR LLP (Edmonton)

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