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<< back to all ArticlesDo You Have to Live Together to Be Adult Interdependent Partners in Alberta?
An overview of Adult Interdependent Partner status, and Family Maintenance and Support claims.
Introduction
Do you need to share one address to be Adult Interdependent Partners (AIPs) in Alberta? No. Courts focus on the substance of the relationship, not whether partners share a single mailbox.
AIP status can affect your financial obligations while you are alive, but it can also affect the distribution of your estate. A clear, up-to-date Will reduces uncertainty, but Alberta’s Family Maintenance and Support (FMS) legislation can permit support claims against an estate even where a Will appears to provide otherwise.
This article explains how AIP status works, why separate homes don’t automatically disqualify a relationship, and how a Will can reduce conflict subject to the limits imposed by FMS.
AIP Basics in Alberta
AIP status is a provincially recognized relationship status that confers many of the same rights and responsibilities associated with marriage. It is distinct from “common-law” status, which is used for tax purposes and is assessed under a different test.
You can become an AIP by:
- living in a relationship of interdependence for three continuous years;
- living in a relationship of interdependence of some permanence with a child of the relationship; or
- signing a valid Adult Interdependent Partner Agreement.
A relationship of interdependence means a relationship where there is an emotional commitment, and the partners act as an economic and domestic unit. Sharing one address helps to meet the legal test but is not required, despite the legislation requiring that the partner, “lived with the other person”.
How the Courts Decide AIP Status
Do you have to live together? While living under one roof is strong evidence, it is not the only evidence, nor is it strictly required. In Somers Estate (Re), 2025 ABCA 372, the Alberta Court of Appeal rejected the idea that, “‘lived with’ means the parties must cohabit continuously under one roof”. Rather, the legislation must be “interpreted flexibly and with a focus on the intentions and circumstances of the parties” and “the fact that parties own or maintain separate residences does not necessarily mean the parties are not ‘living together’ in a relationship of interdependence”.
Courts assess the totality of the relationship, asking whether the partners share their lives, are emotionally committed, and function as an economic and domestic unit. Relevant factors include: the duration and continuity of the relationship; financial integration and dependence (shared expenses, joint accounts); sharing of domestic duties; exclusivity and mutual commitment; public presentation as a couple; and the presence and integration of children. The reasons for maintaining separate residences, such as due to convenience or long-term planning, are weighed in context rather than treated as disqualifying.
Applied properly, this holistic approach allows AIP status to be found even when partners keep two homes, so long as the evidence shows sustained integration of their emotional, domestic, and economic lives. Details like proximity of residences or how much clothing is kept at each address may be relevant, but they are not determinative. The substance of the relationship as of the date of death remains the focus of the analysis.
Effects of AIP Status
While Alive
After the breakdown of the relationship, AIPs are largely treated like married spouses for the division of property accumulated during the relationship and for support obligations. However, Dower rights (homestead protection) remain specific to married spouses and do not apply to AIPs.
In the absence of personal directives, an AIP may have priority over other relatives such as children in certain healthcare decision-making hierarchies.
After Death
AIP status can have immediate consequences when someone dies:
- Intestacy: If there is no Will, an AIP may have rights that can resemble those of a married spouse under Alberta’s distribution rules. Outcomes vary depending on whether children of the deceased are also children of their AIP. Where there are blended families, the AIP is generally entitled to the greater of $150,000 or 50% of the estate.
- Standing for FMS: An AIP can apply for court-ordered support from the estate if the Will (or intestacy) doesn’t make adequate provision.
- Administration: If there is no Will, legislation prioritizes AIPs over other family members as personal representative in the estate.
How a Will Gives You Confidence
A Will reduces uncertainty regarding your estate and helps to ensure that your estate is distributed how you wish:
- You can articulate your intentions, which minimizes ambiguity and the risk of costly disputes.
- You can provide tailored gifts or support for a partner, children, or other beneficiaries.
- Formalizing your belief regarding whether you have an AIP can be considered in the AIP analysis.
Creating a Will gives you meaningful but not absolute confidence that your estate will be handled as intended. By coordinating incapacity documents (enduring power of attorney and personal directive) you can ensure your affairs are in order in life, as well as upon death.
The FMS Caveat: How Courts Can Rebalance the Result
Family Maintenance and Support (FMS) is a statutory safety net that allows certain family members, including AIPs, to seek support from an estate when adequate provision hasn’t been made. An AIP may bring an application for support within 6 months of the grant of probate.
The adequacy of the necessary provision is assessed broadly. It goes beyond bare necessities and considers both legal and moral obligations, measured against contemporary community standards and, where appropriate, the family’s lifestyle and the claimant’s realistic expectations.
In applying the statute, courts look at the nature and duration of the relationship; the claimant’s age, health, and capacity to self‑support; the deceased’s reasons for their dispositions (including written statements); any agreements or waivers; the size and makeup of the estate; assets or benefits passing outside the estate; lifetime transfers; and entitlements under other legislation. They also weigh practical considerations such as present and foreseeable needs, the needs of other dependents, accustomed standard of living, other income, competing claims, and the cost‑of‑living. The same evidence used to establish AIP status often informs whether support is appropriate and in what amount.
Working with a lawyer to carefully draft your Will can reduce the risk that an FMS claim will disrupt your estate and deplete intended distributions.
Conclusion
You don’t need to live under one roof to be Adult Interdependent Partners in Alberta. Instead, courts look at how you actually live: emotionally, domestically, and financially. A well-crafted Will gives you some confidence that your estate will go where you intend. But FMS remains a powerful tool that can rebalance outcomes where adequate provision hasn’t been made.
If you’re in a non-traditional living arrangement, separated from a spouse but partnered, or administering an estate with a potential FMS claim, seek tailored legal advice. A short planning session can often prevent costly disputes later on.
This post is meant to provide information only and is not intended to provide legal advice. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this post to be outdated.
