Can Family Property Pay Your Legal Fees in a BC Family Case?

Separating can be expensive, and much of a couple's money is often tied up in property that has not yet been divided. Many people wonder whether they can draw on that shared property now to pay a lawyer, a mediator, or the cost of getting documents.

In British Columbia, one provision of the Family Law Act speaks directly to this. It is useful but narrow, so it helps to know what it does, what it does not do, and what other help exists if it does not fit your situation.

This article covers the law of British Columbia.

What section 89 of the Family Law Act allows

Section 89 lets the Supreme Court order an interim distribution of family property. Interim means for now, before the final division of property is decided. The court must be satisfied that the order would not be harmful to the interests of a spouse and that it is necessary for one of the listed purposes.

In plain terms, one spouse can ask for a portion of the property that is in dispute to be released early so they can pay for the process of resolving the separation.

What the money can be used for

The Act lists three purposes. The interim distribution must be needed to provide money to fund one of them.

• Family dispute resolution, such as mediation or negotiation.
• All or part of a proceeding under the Act.
• Obtaining information or evidence in support of family dispute resolution or a court application.

The limits you need to know

Section 89 is not a general right to have your legal fees paid. Several limits apply, and they can decide whether it helps you.

This means that if there is little or no family property in dispute, or if releasing it early would unfairly hurt your spouse, the court may not make the order. Whether it fits your case depends on the facts, so it is worth asking a lawyer.

What Part 10 does and does not cover

Part 10 of the Family Law Act has no general costs provision. It does contain narrower rules about particular expenses.

• Section 203(2): the court may allocate children's lawyer fees among the parties.
• Section 211(5): fees for assessment reports.
• Section 212(2): expenses of complying with disclosure orders.
• Section 224(2): fees for dispute resolution, counselling or programs.

These cover specific items rather than your own lawyer's general bill. Do not assume the other side will be ordered to pay your legal fees.

Lower-cost and free options, and what to do next

If section 89 does not fit, there are other ways to get help without paying for full representation.

• Unbundled services: a lawyer handles only part of your matter, and you and the lawyer decide which tasks each of you will do. The Law Society of BC developed a Family Unbundled Legal Services toolkit with Mediate BC, including sample retainer agreements, available through Courthouse Libraries BC.
• Family Justice Centres: free services for parents and family members dealing with separation or divorce, including help with parenting arrangements, guardianship, child and spousal support, and contact with a child. You can call 1-844-747-3963, Monday to Friday, 8:30 AM to 4:30 PM.
• Mediation: Family Justice Counsellors are accredited mediators. Some referred services are based on financial need, so you may be asked about income.
• Family Law Centres: law clinics delivered by Legal Aid BC that give free help to family violence survivors who cannot afford a lawyer. You must be experiencing family violence and have at least one additional eligible legal issue.

• List the property you and your spouse own or owe on, and note what is in dispute.
• Estimate what you need money for: mediation, court steps, or gathering documents.
• Call a Family Justice Centre to ask about free help.
• Ask a lawyer whether an interim distribution suits your case, or whether limited-scope help is a better fit.

Frequently asked questions