When facing a family law matter, misinformation can lead to unnecessary stress and poor decisions. Alberta's laws on separation, divorce, child support, and property division are often misunderstood. To help clear up the confusion, we're addressing ten common myths about family law in Alberta.
Myth 1: You Need a Lawyer to Get Divorced
While legal representation is recommended, it is not mandatory to have a lawyer for a divorce in Alberta. Many people choose to self-represent, especially in uncontested cases. However, without proper legal guidance, you risk making costly mistakes in agreements related to property division, support, or parenting.
Myth 2: If You Don’t Want a Divorce, You Can Stop It
If one spouse wants a divorce, the other spouse cannot prevent it. The most common ground for divorce in Alberta is a one-year separation. Even if one spouse disagrees, the court will still grant the divorce as long as the legal requirements are met.
Myth 3: Spousal Support Is Always Guaranteed
Spousal support is not automatic. The court considers factors such as the length of the marriage, financial need, earning capacity, and sacrifices made during the relationship before awarding support. In many cases, spousal support is time-limited rather than permanent.
Myth 4: You Can Only Get a Divorce If You’ve Been Separated for a Year
While a one-year separation is the most common ground for divorce, it's not the only one. Divorce can also be granted on the grounds of adultery or physical/mental cruelty, and in those cases, there is no waiting period.
Myth 5: If You Share Parenting Time, No One Pays Child Support
Even if parenting time is split 50/50, child support may still be owed. The amount depends on each parent's income. In many cases, the higher-earning parent will still have to pay support to equalize financial responsibilities for the child.
Myth 6: A Verbal Agreement Is Enough for a Separation Agreement
A verbal agreement may seem convenient, but it is not legally enforceable. To protect both parties and avoid future disputes, separation agreements should be in writing, signed by both parties, and include full financial disclosure. Without this, the agreement may not hold up in court.
Myth 7: Property Is Always Divided 50/50 in a Divorce
While Alberta law generally aims for an equal division of matrimonial property, there are exceptions. Property acquired before marriage, inheritances, and gifts may be considered exempt. Additionally, the court can deviate from a strict 50/50 split if an equal division would be unfair.
Myth 8: If You Haven’t Lived Together for Long, You Have No Rights
In Alberta, even couples who are not legally married may have rights under the Adult Interdependent Relationships Act. If you have lived together for three years or less but share finances, have children, or show interdependence, you may still have legal obligations and entitlements.
Myth 9: You Can Hide Assets to Avoid Dividing Them
Hiding assets in a divorce is not only unethical but also illegal. If one spouse is caught concealing financial information, the court can impose penalties, order the disclosure of hidden assets, and even award a larger share of the property to the other spouse.
Myth 10: Courts Always Decide Parenting Arrangements
Most parenting arrangements are settled without going to court. Mediation, negotiation, and parenting coordinators help parents reach agreements outside of litigation. Courts are typically only involved when parents cannot agree, or there are concerns about a child's safety.
Misinformation about family law can lead to costly mistakes. If you’re going through a separation or divorce, it’s essential to get accurate legal advice. Whether you’re dealing with property division, support obligations, or parenting matters, understanding your rights and responsibilities is key to making informed decisions.