Alberta Divorce, Parenting & Property Help

Family Law in Alberta — what to do right now

Two things people in Alberta get wrong from day one. First: you do not need your spouse's agreement, and you do not need to prove anyone was 'at fault'. Under the federal Divorce Act the only ground for divorce is breakdown of the marriage, and the usual way to prove it is living separate and apart for one year. Second — and this is the big Alberta surprise — you may have a property claim even if you were never married. Since January 1, 2020, the old Matrimonial Property Act became the Family Property Act, and it now extends the same presumptive equal division of family property to 'adult interdependent partners' (AIPs): roughly, partners who lived together in a relationship of interdependence for three continuous years, or had a child together, or signed an adult interdependent partner agreement. There is also a clock: a property claim under the Family Property Act generally must be started within two years of when you knew (or should have known) the relationship ended. Call our free line to get free legal information about exactly which rules and deadlines apply to you.

The law in Alberta: Family Law

Family law in Alberta is split across federal and provincial law, and which one applies depends on whether you were married and what you're asking for. The divorce itself — the legal end of a marriage — is federal, governed by the Divorce Act, which applies the same way right across Canada. The only ground for divorce is breakdown of the marriage, and in almost every case that is proven by living separate and apart for at least one year (the Act also allows adultery or cruelty, but those are rarely used because they require proof and don't speed anything up). You can be 'separated' while still living in the same home. You can file the application before the full year is up, but a court cannot grant the divorce until the one year of separation is complete. The Act also lets you try to reconcile: living together again for up to 90 days total to attempt reconciliation does not reset the one-year clock.

Property is provincial — and this is where Alberta is now genuinely different from most of the country. Until 2019, only married spouses had a statutory property regime; unmarried (common-law) partners had no automatic right to share property and had to sue in unjust enrichment or constructive trust, which was slow and uncertain. That changed on January 1, 2020. The Matrimonial Property Act was renamed the Family Property Act, and it was extended to 'adult interdependent partners'. An adult interdependent partner is defined under the Adult Interdependent Relationships Act as a person who has lived with the other in a relationship of interdependence (sharing one another's lives, emotionally committed, functioning as an economic and domestic unit) for a continuous period of three years or more, OR for less than three years if there is a child of the relationship by birth or adoption, OR where the two have signed an adult interdependent partner agreement. If you fit that definition and you separated on or after January 1, 2020, you now get essentially the same property regime as a married spouse. Under the Family Property Act, property acquired during the relationship is presumptively divided equally, subject to a judge's power to order a different split where equal division would not be just and equitable. Some property is exempt from sharing — for example property a partner brought into the relationship, and gifts and inheritances received from a third party — although the increase in value of that exempt property during the relationship can still be distributed. The matrimonial or family home is treated specially and there are protections, under the Family Property Act and the Dower Act, over the right to live in it.

Children are handled under the Divorce Act (if you're divorcing) or Alberta's Family Law Act (for unmarried parents, or married parents not seeking a divorce). Alberta uses the modern, post-2021 federal language: the old words 'custody' and 'access' have been replaced by 'decision-making responsibility' and 'parenting time'. Every decision is governed by one test — the best interests of the child. There is no presumption of equal time; the court looks at what actually serves the child, including the child's safety and well-being. Guardianship is its own concept under the Family Law Act: married parents and unmarried mothers are usually guardians automatically, while an unmarried father is an automatic guardian only if he meets the Act's cohabitation conditions, and otherwise applies. Child support follows the Federal Child Support Guidelines and their tables, which set a baseline amount from the payor's income and number of children, with special and extraordinary expenses (like childcare or orthodontics) shared on top. Where family violence is involved, a person can seek an Emergency Protection Order (EPO) under the Protection Against Family Violence Act, often urgently and even by phone through a Justice of the Peace. All of this is general information; how it applies to your facts is a conversation for an Alberta lawyer.

Key Legislation (Federal + Alberta)

Divorce Act (FEDERAL) — sole ground is marriage breakdown, usually proven by 1 year living separate and apart; uniform across Canada
Family Property Act (Alberta) — since Jan 1, 2020 covers BOTH married spouses AND adult interdependent partners; presumptive equal division of property acquired during the relationship
Adult Interdependent Relationships Act (Alberta) — defines who is an 'adult interdependent partner' (AIP): 3 years of interdependence, OR a child together, OR a signed AIP agreement
Family Law Act (Alberta) — guardianship, parenting time and decision-making, and child support for unmarried parents
Federal Child Support Guidelines — table amount set by payor income + number of children, plus shared special expenses
Protection Against Family Violence Act (Alberta) — Emergency Protection Orders (EPOs) for family violence

Courts & Agencies

Court of King's Bench of Alberta — the ONLY court that can grant a divorce or divide family property under the Family Property Act
Alberta Court of Justice (renamed from the Provincial Court in 2023) — hears parenting and support under the Family Law Act, but cannot grant a divorce or divide property; also where most EPO applications start
Resolution and Court Administration Services (RCAS) — free Government of Alberta programs, including the Parenting After Separation course and family mediation (1-855-738-4747)
Maintenance Enforcement Program (MEP) — Alberta agency that collects and enforces child- and spousal-support orders

Deadlines & Key Rules

1 year living separate and apart before a divorce can be granted (Divorce Act); you may file earlier
Up to 90 days of attempted reconciliation does not reset the one-year separation clock
Family Property Act claim: generally start within 2 years of when you knew (or ought to have known) the relationship ended
AIP status (Adult Interdependent Relationships Act): 3 continuous years of interdependence, OR a child of the relationship, OR a signed AIP agreement
Since Jan 1, 2020, qualifying unmarried partners (AIPs) share family property like married spouses — a major change from the old law

Common-law in Alberta? Since 2020 you may share property like a married spouse — but the two-year clock is real

Here's what catches Alberta couples off guard. Most people still believe the old rule: 'we weren't married, so there's nothing to divide.' That has not been the law since January 1, 2020. The renamed Family Property Act now gives 'adult interdependent partners' — broadly, partners who lived together in a relationship of interdependence for three years, or who had a child together, or who signed an AIP agreement — the same presumptive equal division of family property that married spouses get. So an unmarried partner who walks away assuming they have no claim may be giving up a real share of the property built during the relationship. The flip side is a deadline: a Family Property Act claim generally has to be started within two years of when you knew, or should have known, the relationship ended — and for unmarried partners there is no divorce decree to mark the date, so the clock can be quietly running. Knowing whether you qualify as an AIP, and which date your clock started, is exactly the kind of thing to pin down early. Call our free Canadian line to get that free legal information, in plain English, in your language.

Likely outcomes & penalties

Family law outcomes in Alberta aren't punishments — they're financial and parenting exposures, and many of them run on formulas, tables and bright-line rules. Here's the realistic range of what's at stake.

Property (Family Property Act)

For married spouses AND qualifying adult interdependent partners who separated on or after January 1, 2020, property acquired during the relationship is presumptively divided equally, subject to a judge's power to order a different split where equal division wouldn't be just and equitable. Property brought into the relationship, plus gifts and inheritances from third parties, is generally exempt — though the increase in their value during the relationship can still be shared.

Child support

Set by the Federal Child Support Guidelines: a table amount based on the payor's income and the number of children, with childcare, medical and other special expenses shared on top in proportion to income. Support generally continues to age 18, and beyond if the child is in full-time school or unable to be self-supporting.

Spousal / partner support

Support can be payable between spouses and between adult interdependent partners. Whether and how much depends on factors like the length of the relationship, each person's income and roles, and whether there are children. The Spousal Support Advisory Guidelines suggest a range for amount and duration, but they are advisory, not binding law.

Emergency Protection Order (PAFVA)

A person experiencing serious or urgent family violence can obtain an Emergency Protection Order, sometimes the same day and even by phone through a Justice of the Peace. An EPO can grant exclusive possession of the home and order no contact. Breaching it is a criminal offence and can lead to arrest. There is no cost to apply.

Mistakes to avoid

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Assuming that because you were never married, there's nothing to divide. Since January 1, 2020, adult interdependent partners share family property under the Family Property Act much like married spouses — walking away on the old assumption can cost you a real claim.

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Letting the two-year property deadline slip. A Family Property Act claim generally must be started within two years of when you knew (or should have known) the relationship ended — and for unmarried partners there's no divorce decree to mark the date, so the clock can run quietly.

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Thinking you need your spouse's consent, or proof they did something wrong, to get divorced. Alberta divorces are no-fault, and one year of living separate and apart is normally all the 'ground' you need.

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Confusing 'guardianship' with 'parenting time'. Under the Family Law Act they're different things — an unmarried father is an automatic guardian only if he meets the Act's cohabitation conditions, and sorting out guardianship is often the first step, not parenting time.

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Treating 'custody' as a prize to be 'won'. Since 2021 the law speaks of decision-making responsibility and parenting time, decided only on the child's best interests — there is no presumption of equal time, so framing the case as a contest can backfire.

How it works

Calling is free. No web form, no income test, no waiting room — just call from anywhere in Alberta and start talking through your situation in plain English, or in your language.

Talk to an AI assistant trained on Canadian + Alberta family law. The assistant knows the Divorce Act, Alberta's Family Property Act, the Adult Interdependent Relationships Act and the Family Law Act — the one-year separation rule, the new AIP property rights and their two-year deadline, the parenting-time framework, the support guidelines — and gives you clear legal information about how your situation works and what your next move is. Ask as many questions as you like. It's information, not legal advice, and the call creates no lawyer-client relationship.

Want a lawyer? A paid consultation with an Alberta-licensed family law lawyer is coming soon. For now, many callers get what they need from the free conversation and the free resources below — and we're building our network of Alberta family lawyers ahead of launching paid consultations.

Free & low-cost Family Law help in Alberta

If you want to handle part of this yourself, or you can't afford a lawyer, Alberta has strong free resources — official government programs, plain-language self-help, a legal-aid program, and clinics that specialise in family violence. Start with these.

Legal Aid Alberta

Alberta's legal-aid program. If you meet the financial eligibility test, Legal Aid Alberta can help with parenting, guardianship, child support, property actions, spousal support and divorce, and provides duty counsel for emergency protection order matters. Apply online or by phone after completing the free Parenting After Separation course.

Resolution and Court Administration Services (RCAS)

Free Government of Alberta programs that run alongside the courts: the Parenting After Separation (PAS) course, dispute-resolution officers and family mediation, available across Alberta in person or online. RCAS can help you resolve parenting, support and property issues without a full court fight. Phone 1-855-738-4747.

Dividing property between unmarried partners — Alberta.ca

The Alberta government's plain-language guide explaining how the Family Property Act changed on January 1, 2020, who counts as an adult interdependent partner, how property is divided between unmarried partners, and the two-year limit to bring a claim.

CPLEA — Alberta Family Law

Plain-language, Alberta-specific legal information from the Centre for Public Legal Education Alberta, covering separation and divorce, adult interdependent relationships, dividing property, parenting and guardianship, support and family violence — plus a directory of where to get free legal help.

LawCentral Alberta — Lawyer Referral Service

The Law Society of Alberta's Lawyer Referral Service helps you find a lawyer for an initial consultation, and LawCentral Alberta links to clinics and self-help across the province. A practical starting point if you want a paid lawyer or a low-cost clinic.

Calgary Legal Guidance

A non-profit providing free legal advice to people facing financial and other barriers, including family law, restraining orders and emergency protection orders, and a 'Do Your Own Divorce' clinic for those who have already settled their parenting, support and property.

Emergency Protection Orders — Alberta.ca

The Alberta government's guide to applying for an Emergency Protection Order under the Protection Against Family Violence Act — when you qualify, how to apply in person, through police, or by phone, and what an EPO can include. There is no cost to apply. If you're in immediate danger, call 911.

FAQ — Family Law in Alberta

I'm common-law, not married — do I get half the property in Alberta?

You may. This is the big change in Alberta. Since January 1, 2020, the renamed Family Property Act gives 'adult interdependent partners' the same presumptive equal division of family property that married spouses get. You'll generally be an adult interdependent partner if you lived together in a relationship of interdependence for three continuous years, or had a child together, or signed an adult interdependent partner agreement. If you fit and you separated on or after January 1, 2020, property acquired during the relationship is presumptively split equally — you no longer have to rely only on an unjust-enrichment lawsuit. Call our free Canadian line to get free legal information on whether you qualify.

What exactly is an 'adult interdependent partner'?

It's Alberta's legal term, defined in the Adult Interdependent Relationships Act, for what people often loosely call 'common-law'. You're an adult interdependent partner if you have lived with the other person in a 'relationship of interdependence' — sharing your lives, emotionally committed, functioning as an economic and domestic unit — for a continuous period of three years or more; OR for less than three years if you have a child of the relationship together by birth or adoption; OR if the two of you have signed an adult interdependent partner agreement. Simply sharing a roof isn't enough on its own; there has to be a genuine relationship of interdependence.

Is there a deadline to claim my share of the property?

Yes, and it surprises people. Under the Family Property Act a property claim generally has to be started within two years of when you knew, or ought to have known, the relationship had ended. For married spouses the date is usually clear; for unmarried adult interdependent partners there's no divorce decree to mark it, so the clock can be running quietly from separation. Miss the window and you can lose the claim. Because the exact date matters so much, it's worth pinning down early — the free line can help you understand which date applies to you.

Do I need a reason to get a divorce in Alberta?

No. Under the federal Divorce Act the only ground is breakdown of the marriage, and the normal way to show that is living separate and apart for one year. You don't have to prove your spouse did anything wrong, and you don't need their consent — one person can get the divorce. Adultery and cruelty are technically available but rarely used, because they require proof and don't make anything faster. The divorce itself is granted by the Court of King's Bench of Alberta.

Can I be 'separated' if we still live in the same house?

Yes. In Alberta you can be legally separated while living under the same roof — for example sleeping in separate rooms, running separate finances and no longer living as a couple. The one-year separation clock for a divorce can be running even though no one has physically moved out, which matters because many people don't realise their clock has already started. It can be fact-specific, so it's worth confirming where you stand.

What happened to 'custody' and 'access' in Alberta?

They've been replaced by modern language. Alberta and the Divorce Act now use 'decision-making responsibility' (the right to make major decisions about a child's schooling, health and religion) and 'parenting time' (the time a child spends in each parent's care). Every decision is based on one test: the best interests of the child, with primary consideration to the child's safety and well-being. There is no presumption of equal time — the court looks at what actually serves the child.

What's the difference between 'guardianship' and 'parenting time'?

In Alberta they're separate ideas under the Family Law Act. Guardianship is about who has the authority and responsibility to make decisions for and care for a child. Married parents and unmarried mothers are usually guardians automatically; an unmarried father is an automatic guardian only if he meets the Act's cohabitation conditions, and otherwise must apply to be one. Parenting time is the schedule — when the child is actually in each person's care. Often sorting out guardianship is the first step before parenting time and decision-making are arranged.

How much is child support in Alberta?

Child support follows the Federal Child Support Guidelines. There's a table amount based on the paying parent's income and the number of children, and on top of that, special or extraordinary expenses — childcare, significant medical or dental costs, certain activities — are shared between the parents in proportion to income. Support usually continues until 18, and can continue longer if the child is in full-time school or can't support themselves. A real number needs your actual figures, which the free line can help you understand.

Which Alberta court handles my family case?

It depends what you're asking for. Only the Court of King's Bench of Alberta can grant a divorce or divide family property under the Family Property Act. The Alberta Court of Justice (renamed from the Provincial Court in 2023) hears parenting, guardianship and support matters under the Family Law Act, and is often where Emergency Protection Order applications start — but it cannot grant a divorce or divide property. Knowing which court your issue belongs in saves time and filing in the wrong place.

How do I get protection if there's family violence?

If you're experiencing serious or urgent family violence, you can apply for an Emergency Protection Order (EPO) under the Protection Against Family Violence Act. You can apply in person at an Alberta Court of Justice during business hours, or at any time through your local police or RCMP, who can arrange a phone hearing with a Justice of the Peace. An EPO can give you exclusive possession of your home and order the other person to stay away and have no contact. There is no cost to apply, and breaching an EPO is a criminal offence. If you're in immediate danger, call 911 first.

Is this service free, and is it confidential — and what is it exactly?

The Canadian Legal Hotline line is live now, and the call is free — no income test, no web form, and help is available in your language. Ask as many questions as you like. To be clear about what it is: Legal Hotline gives legal information, not legal advice, and the call creates no lawyer-client relationship — we're not a law firm and not legal aid. If your case needs a lawyer, a paid consultation with an Alberta-licensed family law lawyer is coming soon.

Alberta family lawyers: join our network

Are you an Alberta-licensed family law lawyer handling divorce, parenting, guardianship, support, Family Property Act division or family-violence matters? Our free Canadian line is live, and we're building our Alberta network ahead of launching paid consultations — connecting callers across Calgary, Edmonton, Red Deer, Lethbridge, Fort McMurray and beyond with vetted local counsel after they've spoken with our assistant. If you'd like to receive matched, consultation-ready referrals in your region and practice area, join our network. This is a path for lawyers only — it does not change the free, no-obligation help we give callers.

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Last updated: 10 June 2026. Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy against current Canadian federal and provincial law. Spotted something out of date? Tell us at [email protected].

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