Adult Interdependent Partner Support
YOU MAY NOT BE MARRIED. BUT YOU MAY BE ENTITLED TO SUPPORT.
In Alberta, post-separation financial support for common law partners is called “Adult Interdependent Partner Support” (“partner support”). During the course of a relationship, it becomes common that one partner stays home to look after the children while the other partner works outside of the house for the financial benefit of the family. When that couple separates, suddenly the partner who stayed at home no longer has the economic stability they once had. A situation like this may give rise to a claim for partner support.
Whether you were married or in a common law relationship, there is no automatic entitlement to partner support. In order to receive partner support, it must first be determined whether or not you are entitled. If you are entitled to partner support, then it becomes a question of quantum and duration. The Spousal Support Advisory Guidelines are typically what a Court relies on; however these Guidelines are not the law – they are only guidelines and are of a “persuasive” nature.
Adult Interdependent Partner Support is an ever-fluctuating area of the law and every situation is unique. For example, both you and your neighbour may have both been in relationships for 10 years, but that does not mean that each of you will receive the same amount of partner support.
Whether you are the payor or the recipient of common law partner support, GDE FAMILY LAW can assist you in determining what your entitlement and responsibility are.