FAQs for Adult Interdependent Partners
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How does the law distinguish between a "common-law" relationship and an Adult Interdependent Relationship (AIR)?
Alberta legally replaced the term "common-law" with "Adult Interdependent Relationship" to be more inclusive of different types of committed domestic unions. While common-law usually implies a romantic bond, an AIR focuses on the functional "interdependence" of the parties, regardless of whether the relationship is sexual.
Can two people be considered Adult Interdependent Partners (AIPs) if their relationship is platonic?
Yes, Alberta law allows two people who are not related by blood or adoption to enter into an AIR even if the relationship is strictly platonic. However, if the parties are related by blood or adoption, they must sign a formal Adult Interdependent Partner Agreement to be recognized as AIPs.
What specific criteria define a "relationship of interdependence" without an agreement?
The relationship must involve two people who share one another’s lives, are emotionally committed to one another, and function as an economic and domestic unit. Courts look at factors such as whether they share expenses, own property together, or present themselves to others as a couple or committed unit.
Does the three-year requirement for an AIR change if the couple has a child?
Yes, if there is a child of the relationship (either by birth or adoption), the three-year cohabitation period is waived. In these cases, the parties become AIPs as soon as they live in a "relationship of some permanence," which can be much shorter than three years.
What are the formal legal requirements for an AIP Agreement to be valid?
The agreement must be in writing, signed by both parties, and witnessed by two people who also sign the document. Both parties must be at least 18 years old (or 16 with parental consent) and must not be currently party to another AIP agreement or married.
Can an individual sign an AIP Agreement if they are still legally married?
An individual cannot enter into an AIP agreement if they are currently married and living with their spouse. However, if a person is legally married but has been living separate and apart from their spouse, they may be eligible to enter into an AIP agreement with a new partner.
How does the Family Property Act impact the division of assets between AIPs?
Since 2020, AIPs in Alberta are governed by the same property division rules as married couples, meaning property acquired during the relationship is generally divided 50/50. This marks a significant shift from previous years where AIPs had to rely on complex "unjust enrichment" claims to seek a share of assets.
Can a person become an AIP automatically without intending to?
Yes, if a couple meets the criteria of living in a relationship of interdependence for three years, the status is applied automatically by law. This means legal obligations regarding property division and partner support can arise even if neither party ever signed a document or explicitly "opted in."
What are the methods by which an AIR is legally terminated?
An AIR can be terminated by signing a written separation agreement, living separate and apart for more than one year, or if one partner marries a third party. It also ends if the partners enter into a written declaration of irreconcilability or if one partner dies.
Does an AIP Agreement grant the same rights to partner support as marriage?
Yes, once the status of AIP is established (either by agreement or cohabitation), the Family Law Act allows a partner to apply for "partner support," which is effectively the same as spousal support. The court will consider the length of the relationship, the roles played by each partner, and their respective financial needs..
For knowledgeable legal counsel with respect to adult interdependent partner agreements and related legal matters for adult interdependent partners, contact our law firm today at 403-400-4092 or Chris@NeufeldLegal.com to schedule an initial consultation.
More: AIP FAQs - AIP Agreement - AIPA Inclusions/Exclusions - AIP Estate Planning - AIR FAQs - Not Constrained by Relationship
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