“I highly recommend Violeta for anyone dealing with family law matters. From the very beginning, they were professional, compassionate, and incredibly knowledgeable. She took the time to explain every step of the process clearly and made sure I understood my options.”
⭐️ ⭐️ ⭐️ ⭐️ ⭐️
– Brad C.
When a marriage or long-term relationship ends, few things cause more worry than the question of what happens to the house, the pension, the business, and the savings you spent years building.
Alberta has clear rules for dividing family property. The general starting point is that property acquired during the relationship is shared equally, while certain property, such as what you brought into the relationship or received as an inheritance, may be exempt.
Those rules sound simple. The hard part is in the details: valuing a business or a pension, tracing an exemption through years of mixed finances, dealing with debt, and deciding who keeps the home.
Many men also run into strict deadlines they did not know existed, or sign agreements before understanding what they are giving up.
Our Calgary family lawyers help men understand what is at stake, gather the right evidence, and reach a division of property that is fair and reflects the law.
This overview explains the general framework. Every family’s finances are different, so speak with a lawyer about your own circumstances.
Property division in Alberta is governed by the Family Property Act (formerly the Matrimonial Property Act). Since January 1, 2020, it applies not only to married spouses but also to adult interdependent partners, commonly called common-law partners.
Generally, you are adult interdependent partners if you lived together in a relationship of interdependence for at least three years, or for a shorter period if you have a child together, or if you signed an adult interdependent partner agreement.
Family property can include:
Property is generally divided equally unless it would be unjust to do so, considering factors set out in the Act, such as each person’s contributions to the family and to the property, the length of the relationship, and any agreements between the parties.
Some property is exempt from division, including property acquired before the relationship, gifts from third parties, inheritances, and certain damages awards and insurance proceeds. Two points often surprise people:
If you are claiming an exemption, start gathering old statements, appraisals and records now.
Try our Alberta Family Property Worksheet for a rough picture of what may be shared →
The home is often the largest asset and the most emotional one. Options include selling and dividing the proceeds, or one person buying out the other. In some cases a court can grant one partner temporary exclusive possession of the home, especially where children are involved. Before moving out, it is wise to get advice about how the home, its costs and your parenting time will be handled.
If you own a business or professional corporation, its value may need to be determined, often with a business valuator. Questions such as whether the business existed before the relationship, how much its value increased, and whether it should be treated as income or property for support purposes can significantly affect the result. We help business owners plan the division so it is fair without undermining the operation of the business.
Read more about high-asset divorce for business owners and executives →
Pension benefits earned during the relationship are generally divisible. Alberta and federal pension legislation, and the terms of each plan, affect how that is done. Canada Pension Plan credits earned during the relationship can also be split. Pension division is technical, and small errors can be costly, so it is important to get the numbers right.
Strict limitation periods apply to property claims. For married spouses, a claim generally must be started within two years after a divorce judgment is granted. For adult interdependent partners, it generally must be started within two years after you knew, or should have known, that the relationship had ended. There are other triggering events as well. If you are unsure about your deadline, get advice now.
Whether before, during or after a relationship, a well-drafted agreement can set out how property will be divided. For an agreement under the Family Property Act to be binding, each person generally must receive independent legal advice and acknowledge that in the prescribed way. We prepare and review prenuptial, cohabitation and separation agreements.
We help you identify and value what is family property, document any exemptions, and negotiate or litigate a fair division. We will explain the likely range of outcomes and the costs involved, so you can make decisions with a clear view of the numbers.
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Equal division is the general starting point for property acquired during the relationship, but the court can divide property differently if an equal split would be unjust in the circumstances. Exempt property is treated differently.
Generally, the value of the home when the relationship began may be exempt, but any increase in value during the relationship is usually shared. The home’s history, including mortgages and payments, can affect the result.
It can. Since 2020, the Act applies to adult interdependent partners, which generally includes people who lived together in an interdependent relationship for at least three years, or for less time if they have a child together.
The increase in value of a business during the relationship is generally subject to division, and a business started during the relationship may be divisible. How that is paid out, whether through other assets, a lump sum, or over time, can often be negotiated.
Yes. Debts incurred during the relationship are considered when dividing property, and the court looks at the overall picture of assets and debts.
Strict deadlines apply. For married spouses, a claim is generally required within two years of a divorce judgment. For adult interdependent partners, it is generally within two years after you knew, or should have known, that the relationship had ended. Get advice early to protect your rights.
Decisions about property can affect your finances for years. Get clear information before you agree to anything.
Call 587-329-0999 or fill out the form below to book a consultation with our Calgary family law team.
I highly recommend Violeta for anyone dealing with family law matters. From the very beginning, they were professional, compassionate, and incredibly knowledgeable. She took the time to explain every step of the process clearly and made sure I understood my options.
⭐️ ⭐️ ⭐️ ⭐️ ⭐️
– Brad C.
