Understanding relationships in Alberta can be confusing because the law recognizes more than just marriage or common-law partnerships. Alberta has a unique category of relationships called Adult Interdependent Relationship (AIR), defined under provincial law. This status can give you rights and responsibilities similar to those of married spouses, even if you never had a wedding.
For Alberta couples, it is important to understand how provincial law defines these partnerships, how they are created, and what legal implications come with them.
What is an Adult Interdependent Relationship in Alberta?
An Adult Interdependent Relationship is a legal relationship defined in the Adult Interdependent Relationships Act (AIRA). It is designed to cover situations where two people are in a committed, interdependent partnership but are not married.
Adult Interdependent Relationships Act
The Adult Interdependent Relationships Act (AIRA) came into effect in 2003. Its goal was to extend certain legal rights and obligations to unmarried partners who are emotionally and financially interdependent. The Act is unique to Alberta and goes beyond what many other provinces recognize as common-law relationships.
Who qualifies as an Adult Interdependent Partner (AIP)?
An Adult Interdependent Partner (AIP) can be:
- Two people who live together in a relationship of interdependence for at least three years, or
- Two people who live together in a relationship of interdependence of some permanence and have a child together by birth or adoption, or
- Two people who sign an Adult Interdependent Partner Agreement to formalize their relationship.
Importantly, AIPs don’t have to be romantic partners. The law allows for family members or even friends who share interdependent lives to qualify, though restrictions apply.
Differences Between Adult Interdependent Relationship and Marriage
While both marriages and AIRs create legal rights and responsibilities, they differ in key ways:
- Formality: Marriage requires a license and ceremony; AIRs can arise automatically after three years of cohabitation or through an agreement.
- Scope of recognition: Marriages are recognized across Canada and internationally. AIRs are unique to Alberta, though other provinces may recognize them in limited contexts.
- Termination: Ending a marriage requires divorce; ending an AIR can be achieved by separation, new marriage, or agreement.
Becoming an Adult Interdependent Partner
Steps to establish Alberta Interdependent Partner status
You can become an AIP in one of three ways:
- Living together in an interdependent relationship for at least three years.
- Living together with some permanence and having a child together.
- Signing an Adult Interdependent Partner Agreement (this option is not available to married couples or people under 16).
Exceptions to Creating an Adult Interdependent Relationship
You cannot enter into an AIR if:
- You are under the age of 16.
- You are already married.
- You are already in another Adult Interdependent Relationship.
- You are closely related by blood or adoption (except in limited caretaker situations).
How Does an Adult Interdependent Relationship Impact Your Rights?
Being an AIP carries significant legal consequences. You may have rights and responsibilities related to:
- Property division under Alberta’s Family Property Act.
- Spousal support obligations, even without marriage.
- Inheritance rights, such as being recognized as a dependent under the Wills and Succession Act.
- Decision-making rights, such as health care directives and next-of-kin status.
This means that once AIR status is established, your partner could have claims on your property or estate, even if you never intended that outcome.
Adult Interdependent Relationship Benefits
There are also important benefits to AIR recognition:
- Access to spousal benefits like health coverage, pensions, and insurance.
- Eligibility for tax benefits and federal/provincial support programs.
- Legal recognition of caregiving relationships, which can be crucial for non-romantic partnerships.
For many couples and families, AIR status provides needed security and fairness.
How to Legally Protect Your Alberta Interdependent Relationship
Because AIRs can arise automatically, many people do not realize they are in one until a legal issue arises. To protect yourself:
- Consider a Cohabitation Agreement: This agreement clarifies property division, financial responsibilities, and expectations. Yes, AIPs can sign one, and it is strongly recommended.
- Review your estate planning: Wills, powers of attorney, and beneficiary designations should reflect your wishes. Without them, your AIP may have claims you did not anticipate.
- Review Jointly’s free Agreement Starter Kit or get legal advice: Understanding your rights early can prevent conflict later.
Ending an Adult Interdependent Relationship
An AIR can end when:
- The partners live apart for at least one year with the intention to end the relationship.
- One partner marries someone else.
- The partners sign an agreement to end the relationship.
- A court declares the relationship is over.
Ending an AIR still involves rights and responsibilities. For example, property and support obligations may continue, so it is important to address these with legal guidance or through formal agreements.
FAQs
How long do you need to live together to become an AIP?
Generally, three years of cohabitation, unless you have a child together or sign an AIP agreement.
Do AIPs have the same rights as married couples?
In many provincial contexts, yes — especially regarding property division, spousal support, and estate rights. But AIRs are not always recognized outside Alberta.
Can same-sex partners be AIPs in Alberta?
Yes. Same-sex partners can qualify as Adult Interdependent Partners under the Act.
Do AIPs need to register their relationship with the government?
Not necessarily. AIR status can arise automatically through time and cohabitation. Signing an AIP agreement is one way to formalize the relationship, but registration is not required.
Can AIPs get a cohabitation agreement?
Yes. A cohabitation agreement is one of the best tools for AIPs to clarify financial responsibilities and protect themselves in case of separation.
Protect Your Alberta Interdependent Relationship
If you are in an Adult Interdependent Relationship in Alberta, the law already gives your partner rights that could affect your finances, property, and estate. The best way to stay in control is to make your intentions clear in writing.
With Jointly, you can create a legally-sound cohabitation agreement online, at a fraction of the cost of traditional legal services. Our platform makes it simple to protect your assets, clarify financial expectations, and reduce the risk of conflict if the relationship ends.
👉 Start your cohabitation agreement today with Jointly and give yourself peace of mind knowing your future is protected.
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