In Alberta when looking at non-married spouses, we use the term adult interdependent partners (AIPs). The term "common-law" is a term that people are more familiar with as describing individuals who are in a long-term relationship but are unmarried partners. Common law also reflects the terminology used in other areas of law and other jurisdictions outside of Alberta so this sometimes creates confusion when people here the words adult interdependent partners.
Because of the terminology used in Alberta we refer to adult interdependent partner support or “partner support” rather than spousal support when referring to payments between parties that are separated non-married partners.
As partner support addresses payments for non-married spouses, this also means that partner support is governed by provincial based legislation, specifically, the Adult Interdependent Relationships Act, which is different to spousal support that is governed by the Divorce Act.
In kind with spousal support, partner support can be payable as monthly-periodic payments or as lump sum partner support from one person to another after they have separated.
In kind with support for married spouses, it is essential that there be a determination of the entitlement to receive support as the first step. Following this, there needs to be determination of quantum and duration of partner support that can be payable from one partner to another. Individuals seeking legal advice should obtain this shortly after separating as claims for partner support should be advanced in a timely fashion and may be negatively effected by delay.
At Family Central Law we assist individuals with advancing their claims for partner support, and we work on behalf of clients, whom partner support has been requested from.
When advocating for clients who are addressing partner support issues, it is important that legal advice is tailored to that specific individual and couple so each person knows their legal rights. Entitlement to partner support can differ substantially, so we advise clients to be fully informed at the beginning of their separation.
Do not hesitate to speak to an experienced family lawyer to discuss your partner support rights or obligations by contacting our office for a free consultation by calling our office at 1-866-278-4187, or emailing info@familycentrallaw.com, or by clicking on our consultation page.
Our firm believes in access to legal services for everyone, and serves the Calgary area, as well as regularly traveling for court appearances in Red Deer, Edmonton, Fort McMurray, Medicine Hat, and Lethbridge.
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