At a glance
- A no-fault divorce generally requires one year of living separate and apart.
- You can be separated while still living under the same roof.
- The Family Property Act covers married spouses and adult interdependent partners.
- We favour mediation and collaborative law, but act quickly when safety is at risk.
Divorce and separation lawyers in Calgary
Separation brings emotional weight and hard decisions: where the children will live, who keeps the house, how debts are shared and whether support is paid. As a divorce and separation lawyer in Calgary, OLEX Legal helps you understand your rights early, so today’s choices do not cause problems later.
We act for married spouses and common-law partners in uncontested and contested matters, including:
- Desk divorces and contested divorce proceedings
- Property and debt division under the Family Property Act
- Spousal and partner support
- Parenting arrangements and child support
- Separation agreements and independent legal advice
- Emergency Protection Orders and restraining orders
We listen first, explain the law in plain language and tailor a strategy to your goals and budget. Learn more about our family law services in Calgary.
Grounds for divorce and your date of separation
Under the federal Divorce Act, breakdown of the marriage can be shown by:
- Separation for at least one year by the time the divorce is granted
- Adultery by the other spouse
- Physical or mental cruelty making cohabitation intolerable
Almost all Alberta divorces rely on separation, since adultery and cruelty must be proven. You can file before the year is up, but the judgment waits until it passes. Generally, one spouse must have been ordinarily resident in Alberta for a year before filing.
Separation under one roof
You can live separate and apart in the same home. Separate bedrooms, separate finances, no shared meals or social life, and telling family and friends all help prove the date. Reconciliation attempts totalling up to 90 days generally do not restart the clock. Record your date clearly, because it also affects property and support.
Uncontested desk divorce or contested divorce
An uncontested or desk divorce suits spouses who have resolved every issue, often in a separation agreement. Affidavits and a draft judgment are filed with the Court of King’s Bench of Alberta and reviewed by a justice without a hearing. If there are children, the judge must be satisfied that reasonable child support arrangements exist. A divorce generally takes effect 31 days after judgment.
A contested divorce applies when parenting, support or property is disputed. Since January 2026, King’s Bench family matters generally follow the court’s Family Focused Protocol. Before filing, you will usually need to complete the Parenting After Separation course, attempt dispute resolution and exchange financial disclosure, followed by intake triage and settlement steps.
Urgent matters, such as risk of violence or a child being removed, can come before the court quickly. If you are unsafe, get advice now rather than waiting on procedural steps.
In focus
Uncontested vs contested divorce at a glance
| Issue | Uncontested (desk) | Contested |
|---|---|---|
| Agreement | All issues resolved | One or more issues disputed |
| Court attendance | Usually none; reviewed on paper | Triage, conferences, possibly trial |
| Mandatory steps | Separate desk process | Parenting course, dispute resolution, disclosure |
| Cost and time | Generally lower and faster | Depends on conflict and complexity |
| Control | You set the terms | A judge may decide |
Dividing family property under the Family Property Act
Alberta’s Family Property Act (formerly the Matrimonial Property Act) applies to married spouses and, for relationships ending on or after January 1, 2020, adult interdependent partners. Property acquired during the relationship is generally divided equally unless that would be unjust.
In most cases, exempt property includes gifts and inheritances from third parties, property owned before the relationship, and certain court awards and insurance proceeds. The exemption usually protects the starting value, while any increase during the relationship may be shared. Mixed exempt funds can be hard to trace, so keep records.
Division usually covers the home, pensions, RRSPs, investments, business interests and debts. Married spouses also have home rights under the Dower Act. If your settlement moves title, our land title transfer team can register it.
Property claims have strict limitation periods, in many cases two years from the divorce or end of the relationship. Get advice early.
Spousal and partner support in Alberta
Spousal support is not automatic. Under the Divorce Act, and Alberta’s Family Law Act for unmarried partners, courts weigh each person’s condition, means and needs, the length of the relationship, the roles each played and any resulting economic advantage or disadvantage.
- Compensatory support recognises career sacrifices, such as time away from work to raise children.
- Needs-based support helps a dependent partner meet basic needs.
- Contractual support reflects a valid agreement.
The Spousal Support Advisory Guidelines (SSAG) are widely used by Alberta lawyers and judges to estimate a range for amount and duration. They are advisory, not law, so the outcome still depends on your facts. Child support is calculated first because it takes priority. We run calculations on accurate income figures and show where you likely fall before you negotiate.
Separating from a common-law or adult interdependent partner
Under the Adult Interdependent Relationships Act, you are generally an adult interdependent partner if you lived in a relationship of interdependence:
- continuously for at least three years;
- of some permanence, with a child together by birth or adoption; or
- under a signed adult interdependent partner agreement.
If you qualify, the Family Property Act generally applies, and partner support may be claimed under the Family Law Act. Parenting and child support rights exist whether or not you married or lived together.
The end date of the relationship can be disputed, and limitation periods for property and support claims are tight. If you have not separated and want certainty, a cohabitation agreement can set out your arrangements in advance, on your own terms.
Financial disclosure in an Alberta separation
Disclosure underpins every property and support calculation. The Alberta Rules of Court provide a Notice to Disclose process, and the same standard applies in negotiation and mediation. Agreements made without proper disclosure are easier to challenge later. Expect to exchange:
- Tax returns and notices of assessment for recent years
- Pay stubs or other proof of current income
- Bank, investment, RRSP and pension statements
- Mortgage, loan and credit card statements
- Business or corporate financial statements
- Property assessments or appraisals
Hiding assets or understating income can lead to costs awards, imputed income and orders being set aside. If your spouse is not being open, court tools can compel production. We help you gather documents efficiently and scrutinise what the other side provides.
Mediation, collaborative law and other ways to settle
OLEX Legal prioritizes alternative dispute resolution (ADR), such as mediation and collaborative law, because it is generally more cost-effective and supports healthier relationships, especially when you will keep parenting together.
- Negotiation: lawyers exchange proposals and draft a separation agreement.
- Mediation: a neutral mediator helps you reach your own agreement, with legal advice alongside.
- Collaborative law: each spouse retains a collaboratively trained lawyer and everyone commits to settling without court.
- Arbitration: a private arbitrator makes a binding decision, often faster than court.
Attempting dispute resolution is now usually a mandatory step before a King’s Bench family application proceeds. ADR is not the right fit for every family, though. Where there is family violence or a serious power imbalance, safety comes first.
Emergency Protection Orders and restraining orders
If you are in immediate danger, call 911. Alberta’s Protection Against Family Violence Act offers several protections.
Emergency Protection Orders (EPOs)
The Alberta Court of Justice can grant an EPO without notice to the other person when family violence or threatening behaviour has occurred and immediate protection is needed. Police can also apply for you. An EPO can bar contact, keep the other person away from your home, work or children’s school, and give you temporary exclusive occupation of the home. Every EPO must be reviewed by a Court of King’s Bench justice within nine working days, where it may be confirmed, varied, revoked or replaced.
Protection and restraining orders
Where the need is serious but less urgent, you can apply on notice for a King’s Bench protection order. A restraining order is a civil order prohibiting contact or harassment, available on its own or within family proceedings. We help you apply, prepare for the review and build protections into your parenting and property arrangements.
FAQs
Frequently asked questions.
Do we both have to agree to get a divorce in Alberta?
No. Your spouse does not need to consent. After at least one year of separation, either spouse can apply. If the other spouse disputes parenting, support or property, the matter becomes contested, and those issues must be settled by agreement or decided by the court before or alongside the divorce.
Do I need a lawyer for a desk divorce?
It is not legally required, but desk applications are often returned for errors, which causes delay. A lawyer makes sure the affidavits, child support information and draft judgment meet the court's requirements, and checks that your property and support terms are fair before you finalise them, since they can be hard to undo.
Who gets the house when we separate in Calgary?
There is no automatic winner. Equity built during the relationship is generally shared, while exempt value one spouse brought in may be protected. Common options are selling and splitting the proceeds, or one spouse buying out the other, often by refinancing. A court can also grant temporary exclusive possession in some cases.
How long do I have to make a property or support claim?
Limitation periods are strict. Family Property Act claims generally must be started within two years of events such as a divorce judgment or the end of an adult interdependent relationship. Support claims have their own time limits, especially for unmarried partners. Because deadlines depend on your facts, get advice soon after you separate.
Can I get an Emergency Protection Order without my partner knowing?
Yes. The Alberta Court of Justice can grant an EPO without notice to the other person when there has been family violence and you need immediate protection. The order is then served, and it must be reviewed in the Court of King's Bench within nine working days. We can help you prepare for that review.
Is mediation mandatory before going to court in Alberta?
In most cases, some form of dispute resolution is now a mandatory step before a King's Bench family application proceeds, along with the Parenting After Separation course and financial disclosure. Exemptions or deferrals may be available, particularly where there is family violence or urgency. We can explain which requirements apply to you.
This information is general and is not legal advice. For advice on your situation, book a consultation.