Can I Make My Spouse Pay My Legal Fees in BC?
This answer covers the law of British Columbia.
Possibly, but not through a general order that your spouse pay your legal fees. The Family Law Act has no general costs provision in Part 10, though it has narrower expense provisions. The main route in the Act is an interim distribution of family property under section 89.
Under section 89, the Supreme Court may order an interim distribution of family property at issue under Part 5 to fund family dispute resolution, all or part of a proceeding, or obtaining information or evidence to support dispute resolution or a court application. The court must be satisfied the order would not be harmful to the interests of a spouse and is necessary for one of those purposes. It is made only by the Supreme Court and only from family property at issue in the property division.
The narrower expense provisions cover children's lawyer fees, assessment report fees, expenses of complying with disclosure orders and fees for dispute resolution, counselling or programs. Whether any of this fits your situation depends on your facts, so it is worth confirming with a lawyer before you apply. Family Justice Centres also offer free services to family members dealing with separation or divorce.
Key takeaways
- Part 10 of the Family Law Act has no general costs provision, only narrower expense provisions.
- Section 89 lets the Supreme Court order an interim distribution of family property to fund dispute resolution, a proceeding, or information and evidence.
- The court must be satisfied the order would not be harmful to a spouse's interests and is necessary for one of those purposes.
- Section 89 is not a general costs order, and it applies only to family property at issue under Part 5.