Adult Interdependent Partners: Rights & Guidelines

What are Your Rights as Adult Interdependent Partners in Alberta?
And what are they exactly?

The term “common-law spouse” used to be used to refer to people who live in a committed relationship without being married. It is no longer used in Alberta, and has been replaced in the legislation by the term “adult interdependent partner” (AIP).

The Adult Interdependent Relationships Act was enacted in 2003 with the intent of giving people who live in non-marriage relationships some of the rights, benefits and responsibilities that a marriage might have.

However, the Act is more than a change in terminology: it applies not only to people who would formerly have been called common law spouses, but also some other types of relationships, including same-sex and platonic relationships.

If you are in a situation that might qualify as an adult interdependent relationship, understanding the rules that apply can be important in helping you structure your affairs.

Who Qualifies as an Adult Interdependent Partnership?

Under the Act, there are three ways a person can qualify as an adult interdependent partner:

1. the person has lived with the other person in a relationship of interdependence for a continuous period of not less than 3 years, or
2. the person has lived with the other person in a relationship of interdependence of some permanence and there is a child of the relationship by birth or adoption, or
3. the person has entered into an adult interdependent partner agreement with the other person.

Same-sex couples who satisfy one of the above criteria can be AIPs. Even people who are not couples (including friends or family members) but nonetheless wish to become AIPs can do so if they meet the criteria.

There are some restrictions however:

• People who are related to each other by blood or adoption may only become AIPs by entering into an adult interdependent partner agreement;
• A “relationship of interdependence” cannot exist where one person provides the other with domestic support and personal care for a fee or other consideration, or on behalf of another person or organization, including the government;
• A person cannot at any one time have more than one AIP;
• A married person who is living with his/her spouse cannot become an AIP with someone else.

What is a “relationship of interdependence”?

For people who have not signed an adult interdependent partnership agreement, one of the factors in determining whether they qualify as AIPs is whether they have a “relationship of interdependence”. This means that they must:

1. share one another’s lives,
2. be emotionally committed to one another, and
3. function as an economic and domestic unit.

In determining whether two people function as an economic and domestic unit, all the circumstances of the relationship are taken into account. The Act identifies some factors that may be relevant considerations, although none are mandatory requirements:

• whether or not the two people have a conjugal relationship;
• the degree of exclusivity of the relationship;
• the conduct and habits of the people in respect of household activities and living arrangements;
• the degree to which they hold themselves out to others as an economic and domestic unit;
• the degree to which they formalize their legal obligations, intentions and responsibilities toward one another;
• the extent to which direct and indirect contributions have been made by either person to the other or to their mutual well‑being;
• the degree of financial dependence or interdependence and any arrangements for financial support between the two people;
• the care and support of any children;
• the ownership, use and acquisition of property.

What is an Adult Interdependent Partner Agreement?

An adult interdependent partner agreement can be used by two people who are living together or intend to live together in a relationship of interdependence to formalize their relationship as AIPs.

There is a specific format that must be used for the agreement, and certain statements and information that it must include. In addition, there are requirements about each party’s circumstances that must apply at the time it is signed in order for the agreement to be valid. Entering into an adult interdependent partner agreement will also significantly affect both parties’ rights and obligations.

For all of these reasons, it can be a good idea to have legal assistance in preparing the agreement.

Parenting in Interdependent Relationships

Handling the intricacies of parenting rights and responsibilities is an essential aspect of Adult Interdependent Relationships. In Alberta, the Family Law Act provides a robust framework for addressing these concerns. This law emphasizes the best interests of the child, the fundamental guiding principle in all matters concerning children.

Under the Family Law Act, both partners in an Adult Interdependent Relationship are considered as parents. They share equal rights, responsibilities, and obligations towards their children. This entails:

• Responsibility for the child’s well-being, including their physical, psychological, and emotional health.
• The right to make decisions concerning the child’s education, religion, and cultural upbringing.
• The duty to provide the child with necessary care, guidance, and financial support.
• The right to have the child live with them, subject to any court orders.

In case of separation, parenting arrangements need to be determined. These arrangements must prioritize the child’s best interests and consider factors such as the child’s needs, the ability of the parents to cooperate, and the impact of any proposed parenting arrangement on the child’s stability.

How Does Being an AIP Affect My Rights?

AIPs have most of the same rights and obligations that apply to married couples. This is the case whether they have an adult interdependent partnership agreement or not, and whether their relationship is conjugal or platonic.

After determining eligibility for an Adult Interdependent Relationship, it’s important to understand the legal rights associated with this status. As defined by Alberta law, Adult Interdependent Partners (AIPs) are granted certain rights and responsibilities akin to those of legally married couples.

• Decision-Making Rights: Similar to married couples, AIPs can make personal decisions for their partner in situations where they are unable to do so. This includes scenarios involving medical emergencies or health deteriorations.
• Financial Rights: AIPs are entitled to their partner’s financial support, especially in cases of separation or upon the partner’s death.
• Rights Concerning Children: If the AIPs share children, they have similar rights and obligations as married parents. This covers aspects like guardianship, parenting, and child support.
• Estate Rights: In the event of a partner’s death, the surviving AIP has rights to a portion of the deceased partner’s estate if they die without a will.

For example, AIPs will have:

• A right to receive (or an obligation to pay) partner support under Alberta’s Family Law Act if the relationship breaks down;
• Division of property according to the regime set out in the Family Property Act, if the relationship ended after January 1, 2020;
• A right to apply for maintenance and support from a partner’s estate under the Wills and Successions Act if the partner dies intestate or does not make adequate provision for the other partner in his/her will;
• A right to insure the life of an AIP and to receive certain insurance benefits;
• A right to receive partner benefits under other legislation like the Workers Compensation Act, the Victims of Crime Act, and the Assured Income for the Severely Handicapped Act (AISH).

Like married couples, AIPs can still choose to modify or opt out of the rules for property division or partner support provided for in the Family Property Act and the Family Law Act by executing a cohabitation or separation agreement.

However, being an AIP does gives partners the benefit of the protections provided by default in the legislation, in the same manner as married couples, in the event that they have not made an express agreement about those issues.

It’s essential to remember that each case varies, and legal advice should be sought to understand the full extent of rights and obligations within an Adult Interdependent Relationship.

Spousal Support and Financial Rights

Just as parenting rights are integral to Adult Interdependent Relationships, so too are the issues of spousal support and financial rights. When an Adult Interdependent Relationship terminates, one partner may be required to provide financial support to the other, especially if there is a significant disparity in their incomes or if one partner has sacrificed career advancement to care for the household or children.

The court considers various factors when determining support, including the duration of the relationship, the roles each partner played, and their financial circumstances. It is essential to note that spousal support is not an automatic right. The partner seeking support must be able to demonstrate a need for it. The court also assesses whether one partner sacrificed career opportunities or education to support the other, which can warrant compensatory support in Alberta. This type of support aims to address any economic disadvantages arising from the relationship. Ultimately, the goal is to ensure a fair outcome that acknowledges the contributions and sacrifices made by both parties during their time together.

Regarding financial rights, partners in an Adult Interdependent Relationship have similar rights to married couples when it comes to property division. They have an equal claim to any assets acquired during the relationship, and a court can order the sale or division of jointly owned property. However, property owned before the relationship or received as a gift or inheritance during the relationship generally remains with the original owner.

Property Division in Interdependent Partnerships

In the context of Adult Interdependent Partnerships, property division emerges as a critical aspect to ponder, particularly when the relationship ends. Unlike traditional marriages, these partnerships do not necessarily carry the same automatic rights to property division. However, Alberta’s legal framework does provide for a fair distribution of assets and debts accrued during the relationship.

The Adult Interdependent Partner Act recognizes the economic and emotional contributions made by both partners. It empowers the courts to distribute property based on these contributions, rather than solely legal ownership. This approach recognizes the shared nature of these relationships, and seeks to prevent undue hardship upon dissolution.

Under this Act, property division can be regulated by a written agreement between the partners. This allows for flexibility and individual tailoring to the couple’s specific needs. In the absence of such an agreement, the courts may intervene to ensure a fair distribution.

Disputes may arise regarding what constitutes ‘property’ and the determination of its value. It is thus advisable to seek legal assistance to make sure your rights are adequately protected. Remember, proactive measures such as cohabitation agreements can provide clarity and mitigate potential disputes.

Name Changing Guidelines

When it comes to Adult Interdependent Relationships, it’s important to understand the guidelines surrounding the changing of surnames. Unlike marriage, Alberta law does not automatically allow a partner in an Adult Interdependent Relationship to modify their surname to their partner’s.

Here are some key points to take into account:

• An individual can choose to informally use their partner’s surname socially, but this will not be legally recognized.
• For any legal documents, including driver’s licenses, health cards, and passports, the individual’s legal name, as it appears on their birth certificate, must be used.
• If an individual wishes to lawfully change their surname, they must proceed with a formal name change through the Alberta Government’s process, which involves an application, a fee, and may require fingerprinting for security reasons.
• A legal name change will not impact the status of the Adult Interdependent Relationship.

Understanding these guidelines can help partners in Adult Interdependent Relationships make informed decisions about their surnames and ensure they are following the correct legal procedures.

How Does an Adult Interdependent Relationship End?

As is the case with marriage or any other relationship, AIPs may end their relationship at any time.  People will cease being AIPs if:

1. they sign a written agreement stating that they intend to live separate and apart without the possibility of reconciliation;
2. they live separate and apart for more than one year and one or both of them intend that the relationship not continue;
3. they marry each other, or one of the AIPs marries someone else;
4. one of them enters into an adult interdependent partner agreement with someone else;
5. one or both of them has obtained a declaration of irreconcilability under the Family Law Act.

If you are cohabiting with someone, or are contemplating doing so, it may be a good idea to discuss your situation with a lawyer to assess whether the rules and benefits related to adult interdependent relationships may apply to you. Give one of our experienced family lawyers a call today.

Frequently Asked Questions

What Happens if an Adult Interdependent Partner Passes Away Without a Will?

If an adult interdependent partner dies intestate, the estate distribution is subject to Alberta’s intestacy laws. The surviving partner may receive a portion or all of the estate, depending on the presence of other legal heirs.

Can an Adult Interdependent Partner Make Medical Decisions on Behalf of the Other Partner?

In Alberta, an Adult Interdependent Partner can make medical decisions on behalf of their partner only if they have been designated as an agent through a Personal Directive. Consent is required from both parties.

Are There Any Immigration Benefits for Individuals in an Adult Interdependent Partnership?

Adult interdependent partners may be eligible for immigration benefits in Canada. They could be considered as common-law partners, potentially qualifying for family sponsorship under the Canadian immigration system. Consultation with an immigration expert is advised.

How Does a Couple’s Status as Adult Interdependent Partners Affect Their Tax Filing?

Adult Interdependent Partners in Alberta may file taxes jointly, potentially accessing benefits like spousal tax credits. Their status can affect taxation, similar to married couples, as such, professional tax advice is advisable for accurate filing.

Can an Adult Interdependent Partnership Affect Eligibility for Certain Government Benefits or Programs?

Yes, an adult interdependent partnership can impact eligibility for government benefits or programs. The specific effect varies depending on the program, as some consider such partnerships equivalent to marital status in determining benefits eligibility.

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