Canada · Province guide
Separation and divorce inAlberta.
Family law is provincial. Here is how it works in Alberta: the property rules, support, how to file, what it costs, who enforces it, and every FairWell guide and tool set up for Alberta.
Official source: www.alberta.ca · Court forms: albertacourts.ca
Property division
The Family Property Act applies to married spouses and to adult interdependent partners. Property acquired during the relationship is divided equally unless that would be unjust; exempt property (pre-relationship, gifts, inheritances) is kept but its growth is divisible.
Child and spousal support
Federal Child Support Guidelines; Alberta runs a Child Support Recalculation Program that updates table amounts annually. Alberta Child Support Guidelines apply to unmarried parents. Divorce is federal under the Divorce Act: one year living separate and apart (or adultery or cruelty). Child support for divorcing parents follows the Federal Child Support Guidelines; spousal support is guided by the Spousal Support Advisory Guidelines.
Filing for divorce
Court: Court of King's Bench of AlbertaDivorce is filed by Statement of Claim for Divorce (or joint claim) in the Court of King's Bench. Filing fees are in the low hundreds; waivers are available. Parents of minor children are generally required to complete the Parenting After Separation course; check the official source for current requirements.
Pensions
Pension division under the Employment Pension Plans Act and Family Property Act allows a matrimonial property order to direct the plan.
Deadlines
Family property claims should be brought within two years of divorce or, for adult interdependent partners, two years of separation.
Enforcement and legal aid
Support is enforced by the Maintenance Enforcement Program (MEP). Support orders and filed agreements can be registered with the provincial maintenance enforcement program, which collects through wage garnishment, licence suspension and federal interception. Legal aid: Legal Aid Alberta.
Official guidelines and tools
The government and court sources for child support, spousal support, the family law statute and self-help. Use these to check any estimate, including ours.
Common questions
How is property divided in an Alberta divorce?
The Family Property Act applies to married spouses and to adult interdependent partners. Property acquired during the relationship is divided equally unless that would be unjust; exempt property (pre-relationship, gifts, inheritances) is kept but its growth is divisible.
How do I file for divorce in Alberta?
Divorce is filed by Statement of Claim for Divorce (or joint claim) in the Court of King's Bench. Filing fees are in the low hundreds; waivers are available. Parents of minor children are generally required to complete the Parenting After Separation course; check the official source for current requirements. File in the Court of King's Bench of Alberta.
When does child support end in Alberta?
Child support usually continues until the child reaches the age of majority, which is 18 in Alberta. Under the Divorce Act it can continue past that age if the child cannot become independent because of illness, disability or another cause, and courts often treat reasonable full-time post-secondary studies as such a cause.
What happens to property when unmarried couples separate in Alberta?
Alberta's Family Property Act covers adult interdependent partners (generally couples who have lived together for at least three years, or for less time with a child together, or who signed an adult interdependent partner agreement). Since 1 January 2020 they can claim property division within two years of when the relationship ended.
How long do you need to live in Alberta to file for divorce?
You can file for divorce once you or your spouse have lived in Alberta for one year. Divorces are handled by the Court of King's Bench of Alberta.
Official help: Government of Alberta: Get a divorce. Rules change, so confirm with a family lawyer in Alberta before you rely on them.
Read next
Guides for Alberta
Filing for an uncontested divorce in Canada
GuideWhat divorce costs in Canada
GuideChild support in Canada
GuideSpousal Support Advisory Guidelines explained
GuideProperty division across Canada
GuidePensions and CPP credit splitting
GuideSeparation and Canadian taxes
GuideIndependent legal advice
GuideCommon-law separation guide
GuideYour separation date controls everything
GuideHidden assets: warning signs
GuideJoint debt at separation
GuideWhen your ex won't pay
GuideSeparating when there is abuse
Professionals
Family lawyers, mediators and coaches in Alberta
Family lawyers
Listings marked Verified have been checked against the law society directory. Each lawyer sets their own fees.
DirectoryMediators
Family mediators for parenting and financial issues. Listings marked Verified have been checked against their association.
DirectoryDivorce coaches and counsellors
Decision support, communication and co-parenting help. What a coach does.
Are you a professional in Alberta? List your practice.
Alberta
Get organised in Alberta
Guided questions for separation agreements, parenting plans and financial disclosure, linked to the official sources on this page and organised into a plain-language summary for a local family lawyer, who prepares the agreement and advises you.
Sources and further reading
This page is legal information, not legal advice. It summarises how the process works in Alberta so you can plan; the official sources above are where current fees, forms and deadlines live, and they are the final word if anything here differs. When you're ready, the assessment and FairWell's guided questions link to the rules for Alberta; a local lawyer prepares any agreement and advises you before you sign.