What is the test for maintaining a marriage-like relationship between a husband and wife who have lived apart for several years?

In Coupar v. Roh, 2014 BCSC 1392, Justice Harvey considered whether the parties remained in a marriage-like relationship despite the fact that they lived under different roofs for extended periods. He referred to a number of factors used to determine whether the spouses had separated: • the lack of changes to distinguish the relationship before moving into separate residences and after moving into separate residences: para. 73; • regular interaction between the parties including occasional dining out or attending events together: para. 74; • continuing to perform domestic services, cooking, cleaning and laundry: para. 83; • continuing to attend social functions together: para. 84; • making gifts to one another: para. 85; • taking vacations together: para. 86; • neither party becoming involved in another relationship: para. 87; • continuing to share the common use of assets: para. 88; and • whether one party told the other party of the intention to permanently end the relationship: para. 90.

As noted, the parties’ subjective intentions are relevant, but not determinative: O.C. v. KC, 2016 BCSC 72 at para. 18. As Justice Chappel recently noted in Al‑Sajee v. Tawfic, 2019 ONSC 3857 at para. 31, “objective evidence from the relevant time frame is ‘more probative of the nature of the parties' relationship than the viva voce evidence of the parties in the midst of acrimonious and bitter proceedings’ (Macmillan-Dekker v. Dekker, 2000 CarswellOnt 2808 (S.C.J.), at para. 22).”