Introduction of the new Family Property Act in Alberta: Impacts on Common Law Property Division
On January 1, 2020, the Matrimonial Property Act (the “MPA”) will be replaced with the Family Property Act (the “FPA”) providing much-needed rules with respect to the division of property in common law relationships. Currently, those in common law relationships must resort to complex common law principles to govern how property is distributed upon relationship breakdown. With… Read More
What are my rights when separating from my partner in Alberta?
Before you get divorced you will likely experience a time of separation. Determining your rights during separation is important for you to protect yourself and your children before you get divorced. File Separation Papers For many couples, the separation and divorce process begins when the husband or wife leaves the marital home, although you can… Read More
High Income Trends in Child Support Awards
A question that is often asked when a payor earns significantly more than $150,000 per year is whether they will have to pay the amount specified in the Federal Child Support Guidelines. In fact, s. 4 of the Federal Child Support Guidelines deals specifically with incomes over $150,000 stating: Incomes over $150,000 4. Where the income of… Read More
MEP Enforcement of Child Support Orders with Children over the Age of Majority
Upon relationship breakdown where children are involved, a child support order will be granted and, often times, registered with the Maintenance Enforcement Program (“MEP”). It is common to simply include a clause which is general, for example, “The Father will pay to the Mother child support in the amount of $500 per month commencing on… Read More
What are the Rights of a Common Law Spouse in Alberta?
Common law couples have rights during the dissolution of their relationship or the passing of one of the partners. These rights are not always the same as or as clear as those rights of a married couple. In Alberta, your common law relationship may give you certain rights if your relationship dissolves or if your… Read More