Can You Get Interim Spousal Support While Your BC Court Case Is Ongoing?
This answer covers the law of British Columbia.
Yes. If you have applied for spousal support and the case is not finished, a BC court can make a temporary order while you wait. Under the Family Law Act, a court may make an interim order for the relief sought on any application, and it must follow the requirements for a final order as far as practicable. Under the Divorce Act, a court may make an interim order requiring a spouse to secure or pay support while an application is pending.
The judge looks at the same things as for final support: each spouse's condition, means, needs and other circumstances, including how long you lived together and the functions each of you performed. Entitlement comes first, then amount and duration. Who ended the relationship, or an affair, is generally not considered. Interim support can be ordered in short marriages when financial circumstances are compelling, even though final support might be limited.
A party may ask to change, suspend or end an interim order on a change in circumstances or substantial new evidence. How quickly a hearing happens depends on the court and your facts, so a lawyer can confirm timing.
Key takeaways
- A court can make an interim spousal support order on any application under the Family Law Act, and also while a Divorce Act application is pending.
- An interim order must, as far as practicable, follow the requirements for a final order, so each spouse's means, needs and circumstances still matter.
- Who ended the relationship, or an affair, is generally not considered when support is decided.
- A Family Law Act support claim must be started within 2 years after the divorce judgment for married spouses, or after separation for marriage-like relationships, and the clock pauses during family dispute resolution.