In Alberta, the laws governing relationships have evolved to recognize the diverse nature of modern partnerships. One significant legal framework is the recognition of Adult Interdependent Partners (AIP) as defined under the Adult Interdependent Relationships Act (AIRA).
Among the rights afforded to AIPs is the entitlement to spousal support under certain circumstances. This entitlement to spousal support for AIPs is governed by the same principles and factors that apply to married couples or common-law partners.
Here are some of the key aspects of AIPs’ rights to spousal support in Alberta:
1. Length of the Relationship:
The length of time the AIPs have lived together and shared their lives is a crucial consideration in determining entitlement to spousal support.
2. Financial Circumstances:
The court considers the financial position of each partner and their needs and obligations; taking into account income, assets, debts, financial needs and standard of living during the relationship in order to ensure fairness and equity in the spousal support arrangements. The standard of living established during the relationship and the ability of each partner to maintain a similar standard post-separation are also taken into account.
3. Contributions to the Relationship:
Contributions made by each partner to the relationship, whether financial or non-financial, are considered, including homemaking, childcare, and the extent to which one partner may have sacrificed career opportunities or financial independence for the benefit of the relationship is assessed.
4. Care and Responsibility for the Child(ren):
Where there are dependent children, the primary consideration and priority is child support i.e. the need to provide care and support for the children and any continuing economic disadvantage that flows from present and future child care responsibilities.
Understanding spousal support rights for Adult Interdependent Partners in Alberta is crucial for individuals navigating the complexities of relationship breakdowns. Whether through negotiation or legal channels, seeking professional advice can help ensure a fair and equitable resolution.
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