Alberta makes changes
EDMONTON The Alberta government has tabled a bill to make property and adult child support rules the same for married and unmarried couples.
The province is falling in line with other jurisdictions that have made similar changes.
Alberta currently has no legislation that outlines property division for common-law partners.
“A relationship breakup can be one of the most difficult times of a person’s life. The current legislation makes that situation even worse,” Justice Minister Kathleen Ganley said Wednesday.
“It can result in costly and time-consuming legal battles that add stress for both partners and for children.”
She said about one in 10 people in Alberta, roughly 300,000, live in common-law relationships and the number keeps growing.
The current law is even more complicated for those with dependent adult children.
It states that child support for adult children of unmarried couples must only be paid for those who are full-time students between 18 and 22.
The bill proposes support claims be extended to adult children under parental care because of illness or disability. Full-time students would remain eligible, but with no age cap.
“In Alberta, a parent cannot apply for support for their disabled child unless they are getting divorced,” Ganley said. “This excludes some of our most vulnerable from access to child support.”
Calgary mother Christina Ryan, whose 19-year-old daughter has Down syndrome, has been fighting for the change in court.
A judge hearing her case ruled that when it comes to child support involving dependent adults, the law is more stringent for unmarried couples who split up than divorced ones.
The judge found that restrictions in Alberta’s Family Law Act violate the Charter of Rights and Freedoms.
“Previously, families like mine fell through the cracks when their children turned 18,” Ryan said.
“Right now my incredible daughter, Emily, even though she’s non-verbal, is creating a legacy today for generations of families and Albertans by moving this forward.”
The bill would also abolish the outdated 1922 Married Women’s Act that removed restrictions on married women to own property. That right is already guaranteed under the charter of rights.
If passed, Alberta’s new legislation would come into force Jan. 1, 2020.