How is property divided in a separation in Alberta?

Equal division of matrimonial property is presumed. Matrimonial property includes all property acquired during the marriage and the family home regardless of ownership. Exclusions: Exempt property: property owned before marriage, gifts and inheritances, personal injury awards (excluding lost income). Exempt property remains exempt unless commingled.

Can a separation agreement be changed later?

Yes. Agreements can be varied by mutual consent at any time. Courts can also vary child support and spousal support if there has been a material change in circumstances. Property division is generally final once agreed.

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Separation Agreement

Separation Agreements in Alberta

Q: Can child support be waived in a separation agreement?

No. Both parents have a legal obligation to support their children. No separation agreement can eliminate this obligation. Child support below the Federal Guidelines amount is not binding.

Governing legislation: Family Property Act, RSA 2000, c F-4.7 (renamed from the Matrimonial Property Act effective January 1, 2020). Verify current provisions at alberta.ca/family-property, Family Law Act (Alberta)

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Property Division

Equal division of matrimonial property is presumed. Matrimonial property includes all property acquired during the marriage and the family home regardless of ownership.

What can be excluded

Exempt property: property owned before marriage, gifts and inheritances, personal injury awards (excluding lost income). Exempt property remains exempt unless commingled.

Spouses can opt out by written agreement. The court can order unequal division if equal division would be unfair.

Spousal Support

Economic disadvantage from marriage or its breakdown, economic hardship, self-sufficiency. Federal SSAGs are used as a reference.

Duration: Tied to length of marriage and economic circumstances. No fixed formula in legislation — negotiated or ordered by court.

Alberta courts will scrutinize agreements waiving spousal support, particularly after long marriages.

The federal Spousal Support Advisory Guidelines (SSAGs) are used as a reference across Canada for calculating support amounts and duration. They are not legislation — but courts and lawyers treat them as a strong starting point.

Child Support

Child support cannot be waived

Both parents have a legal obligation to support their children. No separation agreement can eliminate this obligation. An agreement that sets child support below the Federal Guidelines amount is not binding.

Federal Child Support Guidelines apply. Cannot be contracted out of. Special expenses are shared proportionally.

→ Calculate child support using the federal online tool

Parenting Arrangements

Terminology in Alberta

Under the Divorce Act (federal): decision-making responsibility and parenting time. Under Alberta's Family Law Act: guardianship and parenting time.

Both parents are presumed guardians of their children. Guardianship involves day-to-day decisions and major decisions about the child.

Signing Requirements

Witnesses

Each party's signature must be witnessed. Witnesses must be of legal age and not be a party to the agreement.

Independent Legal Advice

Alberta courts strongly favour agreements made with ILA. Without it, a party challenging the agreement has a much stronger case.

Court Filing

No requirement to file with a court. If court enforcement is needed, the agreement can be filed and enforced as a court order.

Steps to Complete Your Agreement

1
Complete full financial disclosure — share with your spouse.
2
Negotiate and agree on all terms.
3
Draft the agreement.
4
Each party obtains independent legal advice from a separate lawyer.
5
Sign before a witness.
6
Keep executed copies safely.

Critical points for Alberta

!Alberta courts actively scrutinize separation agreements for unconscionability.
!Child support cannot be waived below Federal Guidelines.
!Failing to disclose all assets can result in the agreement being set aside.

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Official sources

Last updated: June 2026

Guidepost is not a law firm. Family law is complex and fact-specific — this guide is for general informational purposes only and is not legal advice. Consult a family lawyer before signing any separation agreement. Full disclaimer.