TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Learn/Ask a Lawyer/Family/Can a spouse get an interim…
Family

Can a spouse get an interim costs order to help pay a lawyer before the family case is decided?

TSL Written by the Treadstone Law team· Updated August 2026

Yes, in appropriate circumstances a court can order one spouse to make an interim payment toward the other's legal costs while the case is still ongoing, rather than waiting until the case is finally decided. This is generally aimed at situations where there's a significant imbalance in the parties' financial resources or access to funds, such as where one spouse controls most of the family's money or assets, and without some interim support the other spouse would be unable to meaningfully participate in or properly prepare their case.

This isn't an automatic or routine order, and a court considering it will look at each party's actual financial circumstances, access to funds or credit, and the reasonableness of the amount being requested relative to the case's complexity. It's meant to help level the playing field so both parties can genuinely participate in resolving the case, rather than to fund unlimited litigation regardless of need. Anyone facing a significant financial imbalance with the other party, where it's genuinely affecting their ability to get legal help, should raise this possibility with a lawyer early in the case rather than assuming it isn't available.

Key takeaways

  • Courts can order an interim payment toward one spouse's legal costs while a case is ongoing.
  • This addresses genuine financial imbalances that would otherwise prevent fair participation in the case.
  • It isn't automatic and depends on each party's actual financial circumstances.
  • Raise this early with a lawyer if a financial imbalance is affecting access to legal help.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
Was this helpful?Share:

Go deeper

Still have questions?

Search 6,000 answers, or send yours to a Treadstone lawyer — we answer in plain language.

All answersStart a File →