What is the test for a spouse to be financially independent at the end of the marriage?
Ontario, Canada
The following excerpt is from Lockyer v. Lockyer, 2000 CanLII 22426 (ON SC):
He also quoted from Bracklow v. Bracklow (1999), 1999 CanLII 715 (SCC), 44 R.F.L. (4th) 1 (S.C.C.): The message coming from the cases adopting this approach appears to be that one takes one’s spouse as one finds him or her, subject to all his or her weakness and limitations with respect to income earning capacity; and a spouse with a higher earning capacity has a basic obligation to make continuing provision for a spouse who is unable to become self-sufficient at the end of the marriage. One is simply not allowed to abandon a spouse to destitution at the end of a marriage is one has financial resources which might assist in relieving the other spouse’s financial circumstances.
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