Publications
Alberta Dower Act Consultation Summary
This document summarizes the results of consultations ALRI conducted for the it’s law reform project on the Alberta Dower Act. ALRI ran two online surveys. Both surveys were open from 3 December 2021 to 7 March 2022. One survey was aimed at the general public – the general survey. Another survey was aimed at professionals who use the Dower Act in their work, including lawyers, real estate brokers and agents, landmen, and estate planners or administrators […]
| AREA OF LAW | Wills and Succession Family Law Property Real Property |
| TAGS | homeowner, trailer, bank, occupant, landmen, homeless, adult interdependent partner, estate plan, condo, life estate, home, homestead, house, husband, wife, disposition, real estate, partner, common law, consent, death, dower, lease, loss, mobile home, mortgage, owner, spouse, tenant |
| FORMAT | Publications |
| FILE | Dower_consultation_summary.pdf |
September 9, 2022
Family Law v. 18.2–Spousal Support, Report for Discussion 18.2
At the time of publication, Alberta’s law relating to spousal support after a divorce was unique in Canada, in that it incorporated the “fault doctrine.” This doctrine holds that in order to obtain support, a spouse must prove that he or she is the “innocent party” in the divorce (i.e., not responsible for the marriage breakdown), and that the other spouse is culpable (i.e., responsible for the marriage breakdown). This report suggests the elimination of […]
| AREA OF LAW | Family Law |
| TAGS | obligation, husband, wife, relationship, child, maintenance, marriage, minor, support |
| FORMAT | Publications |
| FILE | rfd18.2.pdf |
October 2, 1998
The Matrimonial Home, Report for Discussion 14
This report discusses potential changes to the Dower Act and the Matrimonial Property Act. The Dower Act was created with the intent of supporting widows after the death of their husbands, by providing them with ownership, for the remainder of their lives, of the matrimonial home. This report investigates ways in which that intended support can be continued, given modern complexities. The report also considers situations in which, after a divorce or separation, a spouse can obtain occupation of the […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | occupation, husband, wife, co-ownership, marriage, matrimonial home, spouse |
| FORMAT | Publications |
| FILE | rfd14.pdf |
March 2, 1995
Matrimonial Property: Division of Pension Benefits Upon Marriage Breakdown, Final Report 48
This report recommends amendments to the Matrimonial Property Act to improve the division of the benefits of a pension plan upon marriage breakdown. It covers all pension plans that fall under provincial jurisdiction or that can be reached by Alberta court orders. Recommendations are designed to achieve fairness, minimize the future entanglement of spouses’ financial affairs, encourage settlements, minimize financial and emotional costs, and protect the interests of the employers and other employees in pension plans and […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | husband, wife, value, divorce, matrimonial, pension, Property, settlement, spouse |
| FORMAT | Publications |
| FILE | fr048.pdf |
August 2, 1986
Matrimonial Property: Division of Pension Benefits upon Marriage Breakdown, Report for Discussion 2
The Attorney General asked the Institute to study the division of pensions in the event of marriage breakdown with a view to proposing statutory guidelines to be used by the Court. This report provides tentative proposals that were followed up and solidified in the final report relating to pension plans registered under the Pension Benefits Act (Alberta), a number of Alberta public sector pension plans, and non-Alberta pension plans under which Alberta law will be applied to […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | husband, wife, value, divorce, matrimonial, pension, Property, settlement, spouse |
| FORMAT | Publications |
| FILE | rfd2.pdf |
May 2, 1985