Common-Law Separation for Professionals and Business Owners in Calgary

Calgary Family Lawyer focused on common law separation, asset division, and spousal support

Unmarried Does Not Mean Unprotected

Advantage Family Law understands your rights as a common-law partner. We advocate for you and your children the same as we would for any divorce claim. No wedding ring does mean no rights. We help ensure your assets and income are fairly reconciled after your common-law relationship breaks down.

We Know Common Law

Know Your Common Law Rights

Helping Professionals & Business Owners Through Separation

Professionals and business owners who are ending a common-law relationship face unique challenges. Business and personal incomes are often intertwined and difficult to ascertain. One common-law spouse may believe that he or she is entitled to assets that existed before the relationship. Advantage Family Law has specialized training in finance and business. Christopher Bungay understands the economic challenges you are facing after a common-law relationship ends, and the firm provides clear economic and legal guidance to help you separate with dignity.

Advantage Family Law also helps determine if a common-law relationship legally existed, and if so, for how long. When two people move in together, this does not automatically make them a common-law couple for legal purposes. In many situations, a relationship of interdependence must be proven before any separation rights can exist and be enforced. Using its legal knowledge, the firm helps clarify and define the type of relationship you had and any consequences flowing from that relationship.

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 does not 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 Is At Stake If Your Don't Qualify

If your common-law (AIP) status is not acknowledged by your partner, this can severely limit your rights. Conversely, if you have a mistaken belief that you were common-law (and you were not), you may be at risk of giving away assets unnecessarily. Early legal advice after separation is crucial to protect your interests.

Dividing Assets in Alberta

Problems with Dividing Assets for Professionals and Business Owners

Even with a common-law status established, separations involving professional/business interests can be challenging. Common complications include:

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:

Child Support in Alberta

Child Support After Common-Law Separation

Parents are required to support their children. This applies to both common-law parents and legally married parents. Where one parent is a professional or a business owner, determining child support can involve a more detailed income assessment, including income derived from business ownership, dividends, bonuses, and investment returns.

Additional Payment for Special Expenses

Courts can order a common-law parent to pay additional money over and above regular child support payments. Whether or not a parent has to pay these costs depends upon the circumstances of each case and what is in the best interests of a child. These types of additional payments can include the following:

Not all child expenses are split 50/50 between parents. Often, the cost of these expenses must be paid in proportion to each parent’s income. For professionals and business owners, determining a correct number for income and the potential to earn income is very important. The true amount of earning potential for each parent often determines how much each parent will pay for extra child expenses.

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:

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 should not be added back to income when calculating support.

Your Senior Lawyer

Christopher Bungay

Member of The Canadian Bar Association & Law Society of Alberta

What sets Christopher apart is a combination of legal and financial experience. In addition to being a lawyer for 23 years, Christopher also has specialized education in valuing investments, real estate and businesses. This specialized knowledge allows him to understand both the legal and economic sides of common-law divorce.

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