Dig deeper

What is your marital status

Alberta law defines two types of relationships in the province: married couples and adult interdependent relationships. Adult interdependent relationships are unique to Alberta. The Alberta government recognizes this type of relationship instead of common lawcommon law A term often used to describe an unmarried couple that lives together, with or without children. The correct term in Alberta is “adult interdependent relationship”. Learn more on the What is your marital status page. relationships.

Other common relationships include unmarried couples, who are not married and not adult interdependent partners, as well as separated couples and co-parents who have a child together but do not live together.

Knowing your marital status helps you figure out which laws apply to you and the benefits you are entitled to.

Need to know

  • Your marital status determines what laws apply to you and what benefits you are entitled to.
  • A marriage is a legal union of two people that is registered with the government after a ceremony takes place.
  • An adult interdependent relationship is a kind of unmarried relationship in Alberta that exists in specific situations.
  • The people in an adult interdependent relationship are known as adult interdependent partners.
  • Depending on the situation, family and civil lawscivil laws The laws that apply to disputes between individuals or businesses, such as about contracts, work, debts and more. may apply to relationships that are not marriages and not adult interdependent relationships.

Why your marital status matters

Marital status defines a legally recognized relationship between two people. Knowing your marital status helps you know what laws apply to you and what benefits you are entitled to during the relationship and if the relationship ends.

There are two types of legal relationships in Alberta: married couples and adult interdependent relationships. Alberta laws treat these relationships the same. For example, adult interdependent partners are entitled to partner support the same way married couples are entitled to spousal support when the relationship ends.

If you are not married and not in an adult interdependent relationship, Alberta law does not define your relationship. However, family and civil lawscivil laws The laws that apply to disputes between individuals or businesses, such as about contracts, work, debts and more. may still apply to you if you have a child or if you are dividing property between you and an ex.

Hot tip

The Government of Canada, health benefit plans and more may have different marital statuses for their own purposes. When engaging with these programs, check their status definitions to choose the right one for you.

Married

Marriage is a legal union between two people that is regulated by Alberta laws. The people in a marriage are known as spouses.

A marriage exists once a ceremony takes place between two people who are eligible to get married. The law says who can marry you and what must happen at the marriage ceremony.

You can get married even if you are 16 or 17 years old, if your parents or the court gives permission.

You cannot get married if:

  • you are younger than 16 years old
  • you are married to someone else
  • you are too closely related to the other person
  • you do not have capacitycapacity The ability to understand information for making a decision and the ability to appreciate the reasonably foreseeable consequences of making or not making the decision. Legal capacity is black or white – either a person is capable or is not capable. to marry

Learn more on the Get married page.

When a marriage ends

A marriage ends 31 days after the court grants a divorce judgment. To get a divorce judgment, one or both spouses must file for divorce in the Court of King’s Bench.

Learn more on the Get a divorce page.

In an adult interdependent relationship

An adult interdependent relationship, or AIR, is unique to Alberta and is defined in the Adult Interdependent Relationships Act. The people in an adult interdependent relationship are known as adult interdependent partners, or AIPs.

An AIR is a relationship of commitment and permanence. It does not have to be a romantic or sexual relationship.

It exists in three situations:

  1. Two people have signed an Adult Interdependent Partner Agreement.
  2. Two people have lived together in a relationship of interdependencerelationship of interdependence This relationship exists where two people share one another’s lives, are emotionally committed to one another and share their home and finances. for three or more years.
  3. Two people live together in a relationship of interdependencerelationship of interdependence This relationship exists where two people share one another’s lives, are emotionally committed to one another and share their home and finances. and have a child together, by birth or adoption.

A “relationship of interdependencerelationship of interdependence This relationship exists where two people share one another’s lives, are emotionally committed to one another and share their home and finances.” exists where two people share one anther’s lives, are emotionally committed to one another and share their home and finances.

If you are related by blood or adoption to the other person, you must sign an Adult Interdependent Partner Agreement to create an AIR. Both partners must also be 18 years or older.

Did you know?

People often use the term “common lawcommon law A term often used to describe an unmarried couple that lives together, with or without children. The correct term in Alberta is “adult interdependent relationship”. Learn more on the What is your marital status page.” to describe a couple that lives together, with or without children, but is not married. The Canadian government, other provinces, benefits plans and more recognize common lawcommon law A term often used to describe an unmarried couple that lives together, with or without children. The correct term in Alberta is “adult interdependent relationship”. Learn more on the What is your marital status page. relationships, but the Alberta government does not. Alberta uses the term “adult interdependent relationship”.

You can be an AIP even if:

  • you are married to someone else but are living with a new partner
  • you are under 18 years old
  • you are related by blood or adoption to your partner
  • you are not in a romantic or sexual relationship with the person you are living with

You cannot be an AIP:

  • if you are already an AIP to someone else
  • if you are married and living with your spouse
  • to someone you provide live-in domestic support and personal care for payment, such as a paid live-in caregiver

Person A and Person B were living separately when Person A got pregnant. When their baby is born, they decide to move in together to share bills and live as a family. They do not sign any paperwork, but they are still AIPs because they live together and have a child together.

Person A separated from their spouse five years ago. Person A met Person B and fell in love. They have been living together for four years. They do not sign any paperwork but are still AIPs because they have lived together in a relationship of interdependencerelationship of interdependence This relationship exists where two people share one another’s lives, are emotionally committed to one another and share their home and finances. for over three years.

Person A and Person B are both divorced. They do not want to get married again but want to protect their relationship. They sign an Adult Interdependent Partner Agreement and a cohabitationcohabitation When a couple co-habits (lives) together. agreement before moving in together.

Person A and Person B are both 17 years old. They live together with Person B’s parents. They want to become AIPs but have not lived together for three years yet. They want to sign an Adult Interdependent Partner Agreement to confirm their relationship. The guardians of Person A and Person B consent in writing to the agreement since Person A and Person B are minors.

Person A moved in with their father, Person B, after their mother died. Person A and Person B want to be in an AIR so the father can share Person A’s health benefits. They sign an Adult Interdependent Partner Agreement since they are related to each other.

Guided pathway

Not sure if you’re in an adult interdependent relationship? Find out!

Adult Interdependent Partner Agreements

An Adult Interdependent Partner Agreement is an agreement that confirms an AIR exists. Two people can sign it right before or after they move in together.

Signing an Adult Interdependent Partner Agreement is one way to become adult interdependent partners. It is a good option if you want to be recognized as adult interdependent partners but have not yet lived together for three years or do not have a child together.

The law sets out the form of the agreement. You cannot change it. Download a template to make your own Adult Interdependent Partner Agreement.

An agreement is not valid if:

  • one partner is being forced or pressured into signing it
  • one person does not have capacitycapacity The ability to understand information for making a decision and the ability to appreciate the reasonably foreseeable consequences of making or not making the decision. Legal capacity is black or white – either a person is capable or is not capable. to understand what they are agreeing to
  • the partners are not yet living together and do not intend to live together when they sign it
  • one partner has signed an Adult Interdependent Partner Agreement with someone else
  • one partner is legally married
  • one partner is a minor unless they are at least 16 years old, their guardians give written consent and they are not related to the other partner by blood or adoption

An Adult Interdependent Partner Agreement ends when the AIR ends.

When an AIR ends

An AIR ends if one of the following happens:

  • you and your partner make a written agreement that says the relationship is over, that you intend to live separate and apart and that there is no possibility of reconciliation
  • you and your partner live separate and apart for one year, and one or both of you intends that the relationship is over
  • you marry each other or one of you marries someone else
  • you or your partner did not sign an Adult Interdependent Partner Agreement but one of you signs one with someone else
  • one or both of you get a declaration of irreconcilabilitydeclaration of irreconcilability A declaration from the court that says spouses or adult interdependent partners have no prospect of reconciling with each other. It is one way to prove a relationship is over. under the Family Law Act

Polygamy and polyamory

Polygamy exists when one person has more than one spouse at the same time. This is sometimes called plural marriage or bigamy. It is a criminal offence in Canada. A person found guilty of this crime can be jailed up to five years.

Polyamory is when someone has multiple consensual romantic and/or sexual relationships. While two people in a polyamorous relationship may be married to each other, one person is not married to more than one other person. Polyamory is legal in Canada.

If you’re thinking about moving in with a polyamorous group, consider making a cohabitation agreement. If your polyamorous relationship ends, consider getting legal support to understand what rights you have under family laws.

Rights and responsibilities of spouses and adult interdependent partners

Spouses and adult interdependent partners have rights, benefits and responsibilities.

For example:

  • A former spouse/AIP can apply for spousal/partner support under Alberta’s Family Law Act within two years of the relationship ending.
  • The assets and debts of former spouses/AIPs are divided according to Alberta’s Family Property Act when the relationship ends.
  • Spouses/AIPs can register together for coverage under the Alberta Health Care Insurance Plan.
  • If a spouse/AIP dies without a WillWill A legal statement of how a person wants their estate to be dealt with after their death., their spouse/partner may receive all or part of their estate. The estate may also have to provide for the surviving spouse/partner.
  • If a spouse/AIP makes a WillWill A legal statement of how a person wants their estate to be dealt with after their death. and then the relationship ends, their former spouse/partner may no longer be entitled to receive any gifts under the WillWill A legal statement of how a person wants their estate to be dealt with after their death. or to act as the personal representativepersonal representative The person named in a Will to carry out the deceased person’s wishes..
  • When a spouse/AIP dies, the surviving spouse/partner may be entitled to certain benefits.
  • Spouses/AIPs can apply for a protection order if their spouse/partner is causing them harm.
  • A person’s Assured Income for the Severely Handicapped, or AISH, benefits are available to their spouse or a person they are in a relationship of interdependencerelationship of interdependence This relationship exists where two people share one another’s lives, are emotionally committed to one another and share their home and finances. with.

Unmarried couples

If you are not married and not in an adult interdependent relationship, Alberta law does not define your relationship.

Examples of unmarried couples include:

  • someone you are in a romantic relationship with but do not live with
  • someone you have lived with for less than three years that you do not have children with and have not signed an Adult Interdependent Partner Agreement with

Family laws do not apply to your relationship. There are no legal requirements to be in or end these relationships. If you separate and have assetsassets Something a person owns that has value. Assets include houses, vehicles, furniture, money and investments. and debtsdebts Money you owe to others, including individuals and companies. Debts include mortgages, credit cards and loans. together, civil lawscivil laws The laws that apply to disputes between individuals or businesses, such as about contracts, work, debts and more. about property apply to help you figure out how to divide everything up.

Separated couples

Being “legally separated” is not a legal status in Alberta.

If you are separated from your spouse and no longer living together but are not yet divorced, then the law still considers you to be married. The marriage ends when you get a divorce judgment from the court.

If you and your adult interdependent partner have separated, you are now former adult interdependent partners.

For tax purposes only, the Canada Revenue Agency allows you to choose “separated” as a marital status once you have lived separate and apart from your spouse/partner for at least 90 days after the relationship breaks down.

Co-parents who don’t live together

If you have a child together but do not live together, family laws about being a parent or guardian and child support may apply to you.

Potential issues

One person wants to sign an agreement saying they are not in an adult interdependent relationship.

You cannot waive your rights and responsibilities under the Adult Interdependent Relationship Act. If you meet the definition of an adult interdependent partner, you cannot sign an agreement saying you are not one unless your relationship is over.

You are married but separated from your spouse and living with someone new.

You can be dating or in an adult interdependent relationship with the new person while still married to someone else. However, you cannot marry anyone else without first getting a divorce. You are eligible to remarry 31 days after receiving a divorce judgment from the court.

On this page

    Article details

    Reviewed

    Topics

    ,

    Share this page

    Explore related topics

    Move in together

    Things to work through before you move in together.

    Get married

    Steps to take to make your marriage legal in Alberta.

    What to do when your relationship ends

    Overview of legal issues and what do after a separation.

    Get a divorce

    How to file for divorce from your spouse.

    Make a plan for how to co-parent

    Plan for how to co-parent your child after a separation.