Cohabitation Agreements (Page 2 of 3) in pdf

- 2 -

c. The Dower Act of Alberta provides that where a person owns residential property

in the Province of Alberta, his or her married spouse has a Dower interest in that

property. Provincial legislation does not apply to adult interdependent partners.

Support:

a. An Adult Interdependent partner may bring an application, under the Family Law

Act of Alberta, for spousal or child support on the termination of that partnership.

Division of property on separation:

a. Although the terms of the Matrimonial Property Act of Alberta do not apply to the

distribution of property upon the break up of an adult interdependent partnership,

the partners in such a partnership may make an application for a share in the other

partners property on the basis that partner has been “unjustly enriched” by

contributions that he or she made during the relationship.

Canada Pension and Employment Pension Plans recognized Common Law (AIP)

relationships:

a. When choosing your pension options, your adult interdependent partner must be

involved.

There are, however, still areas in which the law recognizes a difference between married spouses

and common law partners. There areas include:

The Divorce Act of Canada provides that parties to a marriage, on divorce, may claim an

order for spousal support or child support from their former partner. The break-up of a

common-law relationship is not covered by the Divorce Act, however, adult interdependent

partners may bring an application under the Family Law Act of Alberta for child or spousal

support on the termination of an adult interdependent partnership;

The Matrimonial Property Act of Alberta provides that where a married couple separates or

divorces, each party is presumed to be entitled to 50% of the matrimonial assets. Although

there are exemptions under this legislation for property brought into the marriage and

inheritances, these exemptions are not automatic. They must be claimed and proven at the

time of separation or divorce. The Matrimonial Property Act does not apply to adult

interdependent partners. On the termination of an adult interdependent partnership, a

partner must prove that the other partner has been “unjustly enriched” by contributions that

he/she made during the relationship in order to claim any interest in property that was not

jointly held;

Cohabitation Agreements Page 2