I live common-law and want to separate – do I have the same rights as a married person who wants to divorce?
No. Married people have more rights. They have the right to use the Divorce Act and its procedures to apply for a divorce, for spousal support, and for child support. Also, Alberta law gives them more rights around dividing property. With some limits, the Matrimonial Property Act (MPA) spits property 50/50. Unmarried couples need to use the common law of property to divide property, which typically takes more work and is less clear-cut to use than the MPA. Also, in certain circumstances, a married person can have a right to a homestead under Alberta’s Dower Act. That Act gives no such rights to an unmarried person who has separated.
