Alberta
Divorce in Alberta
Family Property Act Guide
Alberta's Family Property Act provides for "just and equitable" property division. The province also recognizes Adult Interdependent Partnerships as a form of common-law relationship with specific rights and obligations.
4.6M
Population
8,500+
Annual Divorces
$260
Filing Fee
14
Court of King's Bench
Alberta uses the term 'Adult Interdependent Partner' for common-law relationships. AIPs who have lived together for 3+ years (or have a child together) have support and some property rights, but not identical to married couples.
Alberta Property Division
Alberta uses a "just and equitable" standard rather than automatic equal division.
Matrimonial Property
Property subject to division:
- Family home and other real estate acquired during marriage
- Vehicles, bank accounts, investments
- RRSPs, pensions earned during marriage
- Business interests grown during marriage
- Household goods and personal property
Division aims to be fair, typically 50/50 but courts can adjust based on circumstances.
Exempt Property
Property that may be exempt from division:
- Property owned before marriage
- Gifts and inheritances during marriage
- Personal injury awards
- Property excluded by written agreement
- Certain business assets in some circumstances
Note: Increase in value during marriage may still be divided.
Alberta Family Law Rules
Key distinctions in Alberta divorce and separation law.
| Feature | Alberta Rule | Description |
|---|---|---|
| Property Division | Just & Equitable | Fair distribution, typically 50/50 but can vary |
| Exempt Property | Pre-marriage Assets | Assets owned before marriage generally exempt |
| Matrimonial Home | Special Status | Both spouses have equal rights to possession |
| Common-Law | Adult Interdependent | Adult interdependent partners have similar but not identical rights |
| Child Support | Alberta Tables | Federal Guidelines with Alberta-specific tax rates |
Alberta Support Calculations
Alberta Child Support
Federal Child Support Guidelines apply:
- Table amount based on payor's gross annual income
- Alberta-specific tax rates (no provincial sales tax)
- Section 7 special expenses shared proportionally
- Alberta's higher average incomes affect calculations
- Oil & gas income considerations for variable income
Alberta Spousal Support
SSAG guidelines applied by Alberta courts:
- Alberta courts regularly reference SSAG ranges
- Higher incomes in Alberta can mean larger support amounts
- Self-sufficiency emphasized where appropriate
- Economic hardship considerations
- Review provisions commonly included
Alberta Court of King's Bench Locations
Family law matters are heard in the Court of King's Bench of Alberta.
Calgary
Court of King's Bench
601 5th St SW
403-297-7217
Edmonton
Court of King's Bench
1A Sir Winston Churchill Square
780-422-2492
Red Deer
Court of King's Bench
4909 48th Ave
403-340-5254
Lethbridge
Court of King's Bench
320 4th St S
403-381-5224
Navigate Your Alberta Divorce with Confidence
Alberta property division tools, child support calculator, and expert guidance for Alberta family law.