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Multiple Simultaneous Relationships – Who Is Entitled to Partner Support?

The Alberta Court of Appeal recently released a decision addressing the interpretation of section 5(2) of the Alberta Adult Interdependent Relationships Act (AIRA). Mitchell v Reykdal, 2022 ABCA 105, concerned an individual that was both married and involved in a 17-year extra-marital relationship. The question was whether a married person, living with their spouse, can become an adult interdependent partner of another. Consequently, which partner is entitled to support?

Section 5(1) of AIRA states that in law a person cannot have more than one interdependent partner. Section 5(2) of AIRA provides that a married person cannot become an interdependent partner if they are living with their spouse.

David and Diane married in 1988 and had three children together. David worked in the oil patch and was away from home for extended periods of time, returning home every second weekend to spend time with Diane and the children. Unbeknownst to Diane, in 2000, David began a relationship with Gwen. Over the following 17 years, David and Gwen lived together during the weekdays and every other weekend that David was not with Diane and his children. The trial judge undertook an analysis of the parties’ relationships, essentially comparing David’s relationship with Diane to his relationship with Gwen to determine who David was “living with.” Ultimately, the trial judge determined that David was living with Gwen. As such, Gwen was entitled to partner support as the adult interdependent partner of David.

David appealed the decision. The Alberta Court of Appeal reversed the trial judge’s decision concluding that the trial judge erred in finding that David was not living with Diane because he was living with Gwen to a greater degree. The Court of Appeal continued at para 22 “[i]f the statutory test required the court to determine if the defendant was living more with his spouse than with his interdependent partner, s5(2) could never be engaged. On a proper interpretation the Act does not purport to cover multiple simultaneous relationships.”

Despite having an interdependent relationship with two women at the same time, section 5(2) addresses this situation; a married person cannot become an interdependent partner if they are living with their spouse. As such, Gwen was not David’s adult interdependent partner, despite having lived together for 17 years, and therefore was not entitled to partner support.

2022-06-02T17:27:47+00:00June 7, 2022|Family Law|
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