Family Law


Rights and Obligations of Cohabiting Couples in Alberta




You know how adult interdependent relationships are formed and how they can be ended, but just what rights and obligations do adult interdependent partners have? The following discussions will outline a few of them. Because the focus here is Alberta, the term adult interdependent partners will usually be used, but remember that some of the laws involved are federal and apply to cohabiting couples across the country.

Support

You will recall from Section 1 that the Criminal Code (a federal statute) imposes a duty on spouses to provide each other with life's necessities; food, clothing, and shelter. Couples who cohabit are under no such obligation to each other under the Criminal Code . In Alberta, however, adult interdependent partners are obligated to support each other financially. The Family Law Act allows an adult interdependent partner to apply, just as a spouse would, for a support order if the relationship has broken down.

Property

In any common-law relationship, each partner keeps his or her own property. Whatever each of them brings into the relationship or buys while in it, he or she can keep when they split up. If they split the cost of an item, each should receive the value for what he or she contributed. As you saw when reading the case Pettkus v. Becker, people can successfully sue their partners for a fair share of the family assets, but they have to prove their case. There is no automatic right. Normally a court considers factors like the length of the relationship, the contributions each partner has made, and any intention the couple clearly seemed to have to share the property when they bought it. The Dower Act (Alberta) - The Dower Act is Alberta legislation which is applicable, in most instances, where a married person or their spouse is dealing with Real Estate.  

One of the primary purposes of the Dower Act is to prevent a married person from disposing of the home without the consent of the spouse.  

It is important to note that the Dower Act still applies only to married people. The protection offered to a spouses, by the Dower Act , does not apply to adult interdependent relationships. Therefore, if one partner owns the family home, he or she can will it to another.


Inheritance

Before the implementation of the Adult Interdependent Relationships Act , people in common-law relationships who wanted to ensure that when they died their partners would inherit from their estates had to write legally valid wills that specifically named their partners and stipulated what they were to inherit. Otherwise, the estate would go to the deceased partner's nearest relative. Now, however, things have changed.

Today in Alberta, as you saw earlier in the course, if a partner dies, their estates is divided up according to specific guidelines, and these guidelines ensure that spouses and interdependent partners are treated equally. Whether you are a bereaved spouse or interdependent partner, you will receive the first $40 000 of the estate, after which you will share it with your children. And even if your deceased interdependent partner had drawn up a valid will but failed to leave you adequate funds, you can make a claim for a share in the estate under the Dependents Relief Act, just as a spouse can. If you are successful, your claim will override the wishes of your deceased partner as expressed in the will.

Children

The natural parents of a child have a legal obligation to provide for that child.   If children are born from a casual relationship, their mother is considered their sole legal guardian. If children are born to a couple who were together for more than a year, both parents are considered legal guardians if the father acknowledges that he is, in fact, the father.

If the couple breaks up, the father can apply to the courts for a "parenting order". However, the best interests of the child will determine the judge's decision. While the couple is together, if the father signs a document called an Acknowledgment of Paternity, the children becomes legitimized and can bear the father's name.

Since both parents have an obligation to provide for their children under the age of 18, if the relationship breaks up, one parent may be required to make child support payments to the other.


Pension, Benefits, and Insurance

As long as the relationship is considered to be long and stable, the Canada Pension Act (a federal statute, as its name should tell you) will allow a cohabiting partner to claim a pension or death benefits if his or her partner dies.

Similarly, the Employment Insurance Act (another federal statute) recognizes the right of common-law partners to benefits, as long as the relationship has lasted for a set period of time, the duration of which varies in different parts of the country.

Alberta's Workers' Compensation Act includes adult interdependent partners. This allows a person to be treated as a spouse and claim financial compensation if, his or her adult interdependent partner dies in a work related accident.

Similarly, adult interdependent partners can register together as a family for coverage under Alberta Health Care. They are also eligible for; insurance coverage, things like life insurance and motor vehicle insurance, that previously had been available only to spouses. Another benefit now conferred on and adult interdependent partner is the ability to sue for damages in the event of the "wrongful death" of the other partner.