What is the test for financial independence in a long-term relationship?
British Columbia, Canada
The following excerpt is from Marszalek et al v. Bishop et al, 2007 BCSC 324 (CanLII):
As Bauman J. noted in Ring v. Bourgeois, [1998] B.C.J. No. 2576 (S.C.) (QL), it may be more appropriate in today’s social reality to look for an indication that the parties have “weaved their financial and economic positions together” rather than to look for a “surrender” of financial independence. Moreover, as noted above, it should be recognized that many individuals in marriage or “marriage-like” relationships are quite independent of each other in many ways, yet remain committed to each other in a long-term or permanent way.
Any objective factors are relevant to determining the parties’ intentions, but they are rarely determinative in and of themselves: Takacs v. Gallo at para. 55.
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