- 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.
- The Court of Appeal calls the duty to disclose financial information the most basic obligation in family law.
- If your financial statement is more than 60 days old, you must file a new Form 13, or a Form 14A describing the changes, plus Form 13A.
- Unreasonable conduct such as late financial disclosure can reduce a costs award.
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).
| Step | Timing or limit |
|---|---|
| Moving party serves Forms 14 and 14A | No later than 6 days before the motion |
| Moving party files | No later than 4 days before the motion |
| Responding party serves and files Form 14A | At least 4 days before |
| Motion affidavit length (Superior Court) | 12 pages, or 20 pages for a long motion over an hour |
| Motion without notice | Immediate 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.
- Court fee waiver. You may qualify based on benefits, a Legal Aid Certificate, or household income of less than $33,100 for one person, rising by household size to $80,200 for five or more, with asset limits.
- Free courthouse mediation on the court date, and low-cost off-site mediation on a sliding scale.
- No filing fees in the Ontario Court of Justice, which hears some family matters.
- Remember that a fee waiver does not cover lawyers, mediators, serving documents or costs ordered against you.
What to do next
- Gather recent pay records, tax documents, bank, investment and retirement statements, and a list of debts.
- Check how old your financial statement is, and update it if it is over 60 days old.
- Get a rough estimate from a lawyer of what the case will need, including disbursements.
- Ask whether any advance should be recorded as credited against equalization or not.
- Note whether the matter is urgent, because online filing is not available for urgent hearings or deadlines 3 business days away or less.
- Book a short meeting with a lawyer before filing a motion.
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.
Sources
- Ontario.ca – Dividing property when a marriage or common law relationship ends — ontario.ca
- Ontario.ca – File family court documents online — ontario.ca
- Ontario.ca – Have your court fees waived — ontario.ca
- Ontario.ca – File a joint divorce application online — ontario.ca
- Ontario.ca – Family justice services — ontario.ca
- Ontario Court of Justice – Motions — ontariocourts.ca
- Superior Court of Justice – Steps in a family case — ontariocourts.ca
- Court of Appeal for Ontario – Fielding v. Fielding, 2015 ONCA 901 — ontariocourts.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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