Most people in Alberta know the broad difference between common law and marriage, but things get blurry when actual legal rights enter the picture. Couples often assume the law treats both relationship types almost the same, and that’s where misunderstandings begin. When a relationship ends or a major decision needs to be made, what you thought you were entitled to might be completely different from what Alberta law actually provides.
This is where a Family Lawyer Calgary professional becomes important, because they help you understand your rights before things get complicated.
This guide breaks everything down in everyday language so you’re not left guessing. Whether you’re living together, planning to marry, or dealing with a separation, knowing the key differences between common law and marriage in Alberta can protect you from unnecessary stress later.
What Alberta Considers a Common Law Relationship?
Alberta doesn’t officially use the term common law. Instead, it uses Adult Interdependent Relationship (AIP). You might already fall under this category without realizing it.
You’re usually considered AIP partners if:
- You’ve lived together for at least three years
- You’ve lived together and share a child
- You’ve signed an Adult Interdependent Partner Agreement
Courts also look at the entire relationship, including shared expenses, emotional support, long-term plans, and how partners present themselves socially. Many couples discover they’re considered AIP partners only when dealing with property division, spousal support, or estate matters.
That’s often when they reach out to a Family Lawyer Calgary expert.
What Marriage Means Legally in Alberta?
Marriage creates a formally recognized partnership with automatic legal rights. Everything from property division to spousal support follows clear provincial and federal rules. Unlike AIP partners, married partners don’t need to prove their relationship or contributions.
Divorce falls under the federal Divorce Act, which outlines how support, property, parenting, and separation must be handled. The laws surrounding marriage in Alberta are more structured than those governing common-law relationships.
Common Law vs Marriage in Alberta: Key Legal Differences
Both relationship types may look similar on the surface, but the law treats them very differently in certain areas.
1. Property Division
This is where misconceptions usually show up.
Married couples
Property is divided under the Matrimonial Property Act, which clearly outlines how assets are split.
Common-law or AIP partners
There are no automatic property rights. To make a claim, you must show ownership, contribution, or unjust enrichment.
This often surprises couples, and it’s one reason people consult a Family Lawyer Calgary specialist before buying property together.
2. Spousal Support
Both married and AIP partners can seek spousal support, but the level of proof differs.
Common-law partners must usually prove:
- Financial dependence
- Contributions to the other partner’s earning ability
- How the relationship impacted work, childcare, and responsibilities
- Hardship caused by the separation
Married partners have an easier path because entitlement is already established.
3. Parenting and Custody
For parenting and custody, Alberta courts treat common-law and married parents the same. The primary focus is the child’s best interests, not the parents’ marital status.
4. Inheritance Rights
Inheritance rights differ significantly.
- Married partners automatically inherit if one spouse dies without a will
- AIP partners inherit only if they meet specific criteria
Without proper planning, a partner could unintentionally be left without protection.
Real-Life Scenarios That Show These Differences Clearly
Here are some examples that frequently appear in Calgary family law cases:
A home purchased in one partner’s name
The other partner may assume they have rights, but unless contributions are proven, that’s not guaranteed.
Sharing a child but not being married
Support, custody, and decision-making responsibilities apply equally to married and common-law parents.
Years together but no documentation
A separation becomes more complicated because rights are not automatic for AIP partners.
Career sacrifices
If one partner stepped back from work for the relationship, this may factor into spousal support, but proving it is often harder for common-law partners.
These scenarios show why people often turn to OB Law Office for guidance.
Why a Cohabitation Agreement Helps Protect Both Partners?
If you’re living together without being married, a cohabitation agreement is one of the best ways to protect both partners. It isn’t about planning for failure, it’s about preventing confusion.
A cohabitation agreement can outline:
- Property division rules
- Financial responsibilities
- Expectations around children
- Rights during separation
- Shared assets and how they’re handled
Having clarity early on helps couples avoid emotional and financial disputes later.
Why So Many Couples Seek a Family Lawyer Calgary Professional?
A lawyer helps you understand exactly where your relationship fits under Alberta law. They assist with:
- Determining if you qualify as common law or AIP
- Proving contributions for property division
- Drafting cohabitation agreements or prenuptial agreements
- Handling spousal support, child custody, and parenting plans
- Protecting financial rights during separation
- Proper estate planning for unmarried partners
People reach out not just during conflict, but also when they want clarity and peace of mind.
When You Should Contact OB Law Office?
You may want to reach out to OB Law Office if you’re:
- Unsure whether you’re considered common law under Alberta rules
- Planning to buy a home together
- Going through or expecting a separation
- Sharing a child and need clarity on rights
- Interested in a cohabitation agreement
- Dealing with property division issues
- Supporting a partner financially and need protection
- Wanting proper estate planning
Getting the right legal advice early makes everything easier down the road.
Final Thoughts
Common law and marriage in Alberta may look similar day to day, but the legal impact can be completely different. Knowing your rights helps protect your future, your finances, and your family.
If you want clear guidance without the confusion, the team at OB Law Office can help. They assist couples across Calgary with practical legal solutions, whether you’re planning ahead or facing a difficult decision. With the right support, you can move forward confidently and with a clear understanding of your rights.
