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Can a Court Make My Spouse Pay My Divorce Legal Fees?

Learn how interim disbursement advances work in Ontario family cases, why the details depend on your facts, and what to prepare before asking the court.

Family Law5 min readTSLBy the Treadstone Law Team · OntarioUpdated October 28, 2026
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Key takeaways
  • Ontario family cases can involve interim disbursement advances from one spouse to the other.
  • In one Court of Appeal case, a $75,000 advance was ordered on consent and was without prejudice to whether it would be credited against equalization.
  • A request for a temporary order is generally a motion under Rule 14, usually after a case conference.
  • Full and current financial disclosure matters in every request.

If you are the spouse with less income or fewer assets, paying a lawyer, a financial professional or a court fee can feel like a barrier before the case even starts. You may have heard that a court can order the other spouse to advance money for legal costs while the case is going on.

Ontario courts do deal with this. The exact legal test, though, is something a lawyer should confirm against the Family Law Rules and current case law. This article explains what is known, how a request reaches a judge, and how to prepare, without promising any outcome.

What an interim advance is

An interim advance is money one spouse pays toward the other's case costs before the final result. Disbursements are out-of-pocket expenses of the case, as opposed to lawyer time. A temporary order can be made before trial to cover the period while the case is going on.

The Court of Appeal for Ontario has described one example. A consent order required one spouse to advance $75,000 in interim disbursements to the other, without prejudice to whether the amount would be credited against equalization. Equalization compares each spouse's net family property at separation with the net family property at the date of marriage, and the spouse with the larger net increase pays half the difference to the other.

Whether an advance is credited in the final accounting is a point to settle in writing at the time, and a lawyer can help you with how that applies to your situation.

What has to be shown

The test a judge applies, and the evidence needed to meet it, depends on the facts and on the Family Law Rules and case law. A lawyer can confirm the current test for your case. What can be said safely is that a request is only as strong as the financial information behind it.

Being accurate and complete about your finances is essential. What else a judge will want to see depends on your situation, so it is worth confirming with a lawyer.

How a request reaches a judge

Temporary orders are governed by Rule 14. You generally must attend a case conference on the substantive issues before serving a notice of motion, except for 14B motions, consent motions, and urgent or emergency motions. You use Form 14 (notice of motion), Form 14A (affidavit) and Form 14C (confirmation, due by 2:00 p.m. three days before).

StepTiming or limit
Moving party serves Forms 14 and 14ANo later than 6 days before the motion
Moving party filesNo later than 4 days before the motion
Responding party serves and files Form 14AAt least 4 days before
Motion affidavit length (Superior Court)12 pages, or 20 pages for a long motion over an hour
Motion without noticeImmediate notice to the other side and a return to court within 14 days

Offers to settle for a motion should be made at least one day before it.

Other ways to lower the cost

An order against your spouse is not the only route, and it is not guaranteed. Other options may be worth looking at at the same time.

What to do next

Your own facts decide what is realistic. A lawyer can tell you whether a request like this is worth making in your case.

Frequently asked questions

Can a court order my spouse to pay my lawyer?

Ontario family cases do involve interim advances. In one Court of Appeal case, a consent order required a spouse to advance $75,000 in interim disbursements. Whether a court would make such an order in your case depends on the facts and the current law, which a lawyer can confirm.

Would an advance be repaid or counted against my equalization?

It depends on the order or agreement. In the example above, the advance was without prejudice to whether it would be credited against equalization. Make sure any advance is recorded clearly.

Do I need a case conference before asking for a temporary order?

Generally yes, you must attend a case conference on the substantive issues before serving a notice of motion. The exceptions are 14B, consent, and urgent or emergency motions.

What if I cannot afford the court filing fees?

You may be eligible for a fee waiver based on benefits, a Legal Aid Certificate, or income and asset limits. You apply with Form FW-A 3 or FW-A 4, and there is no cost to apply.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

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