Alberta doesn't use the term "common-law spouse" the way many other provinces do — under the Adult Interdependent Relationships Act (AIRA), the legal term is adult interdependent partner (AIP). Understanding when that status kicks in, and what it means for your rights, is exactly why a cohabitation agreement matters.
When Does a Couple Become "Adult Interdependent Partners" in Alberta?
Under AIRA, two people become adult interdependent partners if they:
- Have lived together in a relationship of interdependence for at least 3 continuous years, or
- Have lived together in a relationship of interdependence of some permanence and have a child together (by birth or adoption), or
- Have signed a formal Adult Interdependent Partner Agreement
This means a couple can become legally AIPs without ever intending to — and once that status attaches, real legal rights and obligations follow, including partner support obligations and property division rights under Alberta's Family Property Act.
What a Cohabitation Agreement Actually Does
A cohabitation agreement (sometimes called an adult interdependent partner agreement) lets a couple define, in advance, how property, debt, and support would be handled if the relationship ends — rather than leaving it entirely to default statutory rules. This is particularly valuable where one partner:
- Owns a home or business before the relationship began
- Has significantly different assets, debts, or income than their partner
- Wants clarity rather than uncertainty about what "3 years of interdependence" might later be argued to mean
Enforceability Requirements
For a cohabitation agreement to hold up, both partners generally need independent legal advice before signing, full and honest financial disclosure, and terms that were fair at the time of signing. Agreements signed without these safeguards are far more vulnerable to being challenged later.
Frequently asked questions
Do we automatically become adult interdependent partners just by living together?
Not immediately — it typically requires 3 years of cohabitation in an interdependent relationship, or a shorter period if you have a child together, unless you've signed a formal agreement establishing the status sooner.
Can a cohabitation agreement address parenting arrangements for future children?
No — decisions about parenting and the best interests of children cannot be permanently pre-determined by contract and remain subject to court review at the time they arise.
Is a cohabitation agreement the same as a prenuptial agreement?
They serve a similar purpose but apply to different relationship types — a cohabitation agreement is for unmarried couples; a prenuptial (marriage) agreement is for couples planning to marry.
This article provides general information about Alberta family law and is not legal advice. Book a consultation with GSD Law Group to discuss a cohabitation agreement.
Related reading: Common-Law Separation in Alberta: Know Your Legal Rights · Prenuptial Agreements in Alberta: Are They Worth It?
Contact GSD Law Group: Westwinds (403) 455-2151 · Savanna (403) 475-2157
