In Alberta, when an adult interdependent partnership ends, the two partners must navigate the separation process, in particular for matters related to property division and parental responsibilities. Knowing the process in advance is the easiest way to ensure a fair resolution for everyone involved.
It is important to know when the relationship is no longer considered an adult interdependent partnership. An AIP ends if:
- Both partners write a statement saying the relationship has ended, and they intend to live apart.
- The partners live separately for 1 year, and they intend to no longer be in a relationship.
- They marry, either each other, or someone outside the interdependent relationship.
- A partner enters into an Adult Interdependent Partner Agreement with someone else, which may only occur if both initial partners are in an AIP with each other, but have not signed an Adult Interdependent Partner Agreement.
- A declaration of irreconcilability is obtained by one or both parties.
With this in mind, there are several ways an AIP relationship may end, ranging from separation to a legal marriage. If the AIP is annulled because the relationship has ended and the partners are separating, then the partners have legal rights that protect them during the process of property division.
Division of Property Rights
Firstly, if the relationship was legally recognized as an AIP, then the partners have a similar legal recognition to married couples. Because AIP relationships are legally recognized, laws concerning property division and rights apply, including any that apply to married spouses, such as the Assured Income for Severely Handicapped benefit, spousal or child support.
When it comes to actually dividing property during a separation, personal property and gifts are kept by the individual they belong to. The rest of the property is divided – not necessarily equally, but fairly – based on the situation of each partner, and the type of property in question.
Each partner keeps the property they personally brought into the relationship, as well as any personal property such as gifts, and the rest of the property is divided according to the
cohabitation agreement made. Or, if none was made, it is divided as per the Family Property Act.
Any property that is jointly owned is typically divided equally, unless a cohabitation agreement is in place that dictates an alternate plan for property division. When assessing property division, courts take into account what each partner contributed during the relationship to ensure that all property is divided fairly.
Understanding Parental Responsibilities and Support
Another important aspect to consider in adult interdependent partnerships is which partner will be performing which domestic responsibilities. This is especially true when children are involved, and even more in the event of a separation. If an AIP couple separates and there is a child’s well-being to consider, the partners will still have certain responsibilities expected of them.
Both parents are required to provide financial support to their children. In Alberta, child support is determined for AIP couples the same as for married couples. This is done based on guidelines that consider the income of both partners and the number of children involved. Specifics relating to child support after a separation can also be determined in advance, when the partners draft the cohabitation agreement.
Parental custody and the time spent with each parent is another factor to consider, one that must be made with the child’s best interest in mind. This means considering the child’s relationship with each parent, as well as each parent’s ability to care for the child, and any other factors that might affect the child in question.
To avoid any disagreements escalating into legal disputes, it is important for the AIP couple to discuss their plan for dependents in advance and to legally formalize any agreements made about child support and custody. Planning these aspects beforehand will set clear expectations for everyone involved if a separation does occur. It can also play a large role in helping any children adjust to the changes associated with the separation.