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Common-law Spouse = Adult Interdependent Partner

Today, more and more people are choosing to live together in committed relationships outside of marriage.  Unfortunately, Alberta laws have not kept up with these changes in social trends resulting in an atmosphere of confusion surrounding the benefits to and obligations of individuals living in so called “common law” relationships.  In an attempt to address this problem and create uniformity between all Alberta laws, the provincial government has introduced new legislation that addresses the needs of unmarried Albertans involved in committed, interdependent relationships.

Bill 30, the Adult Interdependent Relationships Act, which is expected to be passed this fall, will amend several Alberta laws that set out financial and property benefits and responsibilities for people in committed, non-married relationships.  This act will cover a range of personal relationships that fall outside the traditional institution of marriage, including same-sex and even committed platonic relationships.  The act includes the term “adult interdependent partner” to refer to people involved in an interdependent relationship of at least three years or where there is a child of the relationship.   It also clarifies that the term “spouse” means a married partner.  As Justice Minister Dave Hancock has been quoted as saying “the Adult Interdependent Relationships Act ensures Alberta legislation is constitutional, and at the same time recognizes and preserves the values of Albertans”

Basically, by including the term “adult interdependent partner” in several provincial acts, the bill will address the responsibilities and benefits of two people involved in a committed relationship outside of marriage.  Some amendments that will be legislated as a result of the bill are as follows:

• there will be an obligation to financially support each other (Domestic Relations Act)
• adult interdependent partners will be able to change their surname to that of their partner (Change of Name Act)
• there will be an obligation on the estate of a deceased partner to adequately provide for the surviving partner (Family Relief Act)
• there will be the ability to recover damages for the wrongful death of a partner (Fatal Accidents Act)

At the present time, legislation doesn’t provide for any of the above, making it very difficult for the courts to come to fair and just decisions in many circumstances.

The Intestate Succession Amendment Act, which came into force on May 14, 2002, also includes the term “adult interdependent partner” defined in this act as a person in a common-law or same-sex relationship of at least three years or where there is a child of the relationship.  The act provides that if an individual dies without a Will, leaving a surviving adult interdependent partner, that partner will be treated as if he or she were the surviving spouse of the intestate.  This act satisfies the requirements of an Alberta Court of Queen’s Bench ruling that struck down the earlier legislation as being unconstitutional.  Under the old legislation, only a surviving “spouse” was entitled to a share in the intestate’s estate.  This gave rise to situations where an individual who had been in a relationship for 20 or more years would be left with nothing when their partner passed away simply because their relationship had never been formalized by a marriage ceremony.

The new legislation will go a long way to simplify the issues surrounding the benefits and obligations involved in “common-law” type relationships.  That isn’t to say that there won’t be problems to work out as far as actually putting the legislation into practice however, the bottom line is that the new legislation will solidify the fact that all relationships have benefits and obligations, not just marriage.

By Danielle Elder
September 18, 2002