Common-Law Separation for High Income Couples in Calgary
Calgary family lawyer focused on common-law separation, asset division, and spousal support for high-net-worth couples
Unmarried Doesn't Mean Unprotected
Advantage Family Law cares personally about your situation. We fight for common-law separation rights the same way we would for any divorce. No wedding ring does not mean you have no rights. We understand this, and we make sure your former partner understands this.
Know Your Rights Before You Settle
How We Can Help with Your Common Law Separation
Ending a common law relationship is a legal decision, not just an emotional one. When emotions are running high, it’s easy to agree to whatever brings closure fastest, even if it costs you financially or costs your children later. That’s why, before anything is finalized, we get clear on the facts: both incomes, each partner’s role in the relationship, and how your finances were structured together.
Before you can claim any entitlement, common law status itself often needs to be established under Alberta law. This legal status is known as Adult Interdependent Partner, or AIP, and qualifying is only the first step. In many separations, the relationship itself needs to be formally proven or challenged before any rights can be enforced, which is where legal and financial documentation becomes critical. Once that status is confirmed, we tell you exactly what you’re entitled to, whether that’s property, money, or monthly support.
No two common law separations look the same, and Christopher Bungay, our senior lawyer, personally reviews every case to build the right strategy for yours.
Proving Your Relationship to Enforce Your Rights
If you are seeking spousal support or a share of property, we build the legal case that establishes you were in a qualifying common-law relationship, then pursue the outcome you are entitled to.
Disputing a Relationship Claim Against You
If you believe your relationship doesn’t meet the legal threshold for common-law status, we help you challenge it, protecting your property and limiting your exposure to support obligations.
Protecting Your Children's Financial Interests
Parental obligations apply regardless of relationship status. We ensure your children are financially supported, and that you, as a parent, are treated fairly throughout the process.
Your Rights Start With AIP Status
How Alberta Defines a Common-Law Relationship
Ending a common-law relationship in Alberta involves a legal framework most people have never heard of until their relationship ends. Common-law relationships are governed by the Adult Interdependent Relationships Act, and your rights depend entirely on whether you qualify as an Adult Interdependent Partner (AIP). Once you have AIP status, you are generally entitled to the same protections as a married spouse, including spousal support, property division, and inheritance rights. Without it, your protections are significantly more limited. Everything hinges on whether you qualify.
The 3-Year Rule
You have lived together continuously in a relationship of interdependence for at least three uninterrupted years.
The Child Exemption
Living together with a child together, by birth or adoption, qualifies you immediately, no 3-year wait required.
Formal Agreement
You have signed an official Adult Interdependent Partner Agreement, which grants AIP status immediately without waiting three years.
What's At Stake If Your Don't Qualify
If you do not yet qualify as an AIP, your legal protections are significantly more limited. Property held in one partner’s name, investments, and business interests may not be accessible to the other partner without pursuing a legal claim. This is the situation where early legal advice is most critical.
Dividing Complex Assets in Alberta
What Makes High-Income Separations More Difficult
Even with a common-law status established, high-income separations involve financial issues that go well beyond dividing a shared bank account. Common complications include:
- Business interests, shares, or partnerships built during the relationship
- Investment portfolios, stock options, and deferred compensation
- Real estate held jointly or solely in one partner's name
- Pensions and retirement accounts accumulated over the relationship
- Trusts and family wealth that may or may not be subject to division
- Determining each partner's true income for support calculations
When income flows through business or investment accounts rather than a straightforward salary, calculating support and dividing assets requires more than legal knowledge alone. Christopher has spent his career working at the intersection of law and business; he knows how these financial structures are built and how to take them apart in ways that protect his clients’ interests.
The Financial Side of a Common-Law Separation
Spousal Support and Property Division Under Alberta Law
Understanding Your Spousal Support Entitlement
Common-law status entitles separating partners to claim spousal support under the same framework as married spouses. This support rests on two distinct grounds. Compensatory support addresses a real financial cost, when one partner subordinated their career or earning potential to support the household or raise children. Non-compensatory support addresses need alone. Even if both partners are financially self-sufficient, a significant gap in income or resources after separation can still support a claim.
Support entitlement, amount, and duration depend on the length of the relationship, income disparity, and each partner’s financial situation. Courts also weigh the roles each partner held during the relationship, any existing support arrangements, obligations to support other dependents, and financial contributions from other household members, all of which become significantly more complex when income is variable or business-derived.
Property Division After a Common-Law Separation
Alberta’s Family Property Act governs common-law property division, the same legislation used for married spouses. AIP partners have two years from separation to file a claim, so early legal advice matters.
Determining what’s actually subject to division is rarely simple. It means tracing what each partner brought into the relationship, what was acquired jointly, and what’s been commingled over time, especially when an asset has grown significantly in value or ties into a business. Property acquired during the relationship is divided equally between the partners, unless the Court finds that equal division wouldn’t be just and equitable.
Certain assets, however, are excluded from division outright:
- Property owned before the relationship began
- Gifts received from third parties
- Inheritances
- Tort damages awards
- Insurance proceeds, valued at the date of acquisition or start of relationship
HIGH-INCOME CHILD SUPPORT IN ALBERTA
Children and Financial Obligations After Separation
Support between partners is only part of the financial picture. If you have children, a separate set of obligations applies, and unlike spousal support or property division, it doesn’t hinge on whether you were married or common-law. Both parents are legally required to support their children after separation regardless of relationship status. In high-income families, that calculation involves detailed income assessment, including income derived from business ownership, dividends, bonuses, and investment returns.
Additional Child Support Payments
Courts can order additional child support payments beyond the base guidelines. These costs are often high and frequently contested and can include:
- Private school tuition
- Post-secondary education
- Childcare
- Elite sports & travel
- Medical & dental
- Extracurricular activities
Note: Expenses are not split 50/50. They are divided proportionally based on each parent’s income, which becomes complex when income flows through a business, includes bonuses, or varies year to year.
Common-Law Rights and Separation in Alberta
Frequently Asked Questions
Do common-law partners get spousal support in Alberta?
Yes, if you qualify as an Adult Interdependent Partner. AIPs can claim spousal support under the same framework as married spouses. Entitlement usually turns on the length of the relationship, the income gap between partners, and whether one partner gave up earning potential to support the household or raise children.
How is property divided after a common-law separation?
Property division for AIPs follows the Family Property Act, the same law that applies to married couples. The harder question is usually what counts as divisible. Assets brought into the relationship, acquired together, or commingled over time are all treated differently, and the analysis gets more complex when property has grown in value or is tied to a business.
What factors do Courts consider when dividing property between common-law partners?
Alberta Courts weigh a wide range of factors before deciding how to divide property between adult interdependent partners, including:
- Each partner's contributions to the relationship and family welfare
- Contributions to business or property acquisition
- Income and earning capacity at the start of the relationship and at trial
- Length of the relationship
- Whether property was acquired while living separate and apart
- The terms of any existing agreements between the partners
- Tax consequences
- Any other relevant circumstances
What if the home or business is only in my partner's name?
An asset sitting in one partner’s name does not automatically put it out of reach. If you qualify as an AIP, property held solely by your partner may still be subject to a claim. The key is establishing your status and the nature of the asset early, before positions harden.
How long do I have to make a property claim?
Adult interdependent partners generally have two years from the date they knew, or reasonably should have known, their relationship had ended to bring a property claim in Alberta. Missing that window can permanently cost you the right to a share, which is why early legal advice matters even if you’re not ready to move quickly.
Do we need to have lived together three years if we have a child?
No. If you live together with some permanence and share a child by birth or adoption, AIP status is immediate. The three-year timeline only applies to couples without a child together and without a signed partnership agreement.
How is child support calculated when income comes from a business?
Child support is based on income, but business income is rarely a single salary line. Dividends, bonuses, retained earnings, and investment returns all factor in, and determining a payor’s true income often means digging into how the business is structured. Line 15000 of a payor’s tax return, their total income, may not fully capture the value of personal benefits drawn from self-employment, a partnership, or a controlled corporation. Personal use of a company vehicle, phone, or computer, along with travel and entertainment expenses run through the business, can all understate real income for support purposes. Payors in this position are expected to disclose these deductions and explain why they shouldn’t be added back to income when calculating support.
Your Senior Lawyer
Christopher Bungay
What sets Christopher apart in common-law separations is his business background. Having built and managed multiple companies since 2003, he understands the financial structures his clients are navigating, not just the legal ones. He handles every file with discretion, works to keep conflict low, and has the courtroom experience to litigate when necessary.