Can a Spouse Be Ordered to Fund Your Legal Fees in Alberta?

If you earn less than your spouse, or have been out of the workforce, paying a lawyer can feel impossible while your spouse controls the money. You may wonder whether a judge can order your spouse to help pay so you can take part fairly.

This article explains what the Alberta costs rules say, how the new family process affects timing, and what to raise with a lawyer. Whether a court would order one spouse to advance money for the other's fees depends on the facts, and a lawyer can confirm the current approach.

This article covers the law of Alberta.

How costs work in Alberta family cases

Under the Alberta Rules of Court, a successful party to an application, proceeding or action is entitled to a costs award against the unsuccessful party, who must pay it forthwith, even before the matter is finally decided. That entitlement is subject to the Court's discretion and other rules, so costs in family cases are discretionary, not automatic.

The Rules of Court apply whether you are self-represented or have a lawyer.

What the Court can order

After considering the listed factors, the Court may order one party to pay the other the reasonable and proper costs incurred, or any amount the Court considers appropriate. That can include an indemnity for the party's lawyer's charges, or a lump sum instead of or in addition to assessed costs.

A costs award can be all or part of the costs, a multiple, proportion or fraction of a Schedule C amount, costs on a particular issue or application, or a percentage of assessed costs. Where the paying party is also owed costs, the Court may net the amounts by deduction or set-off.

Reasonable and proper costs exclude, unless the Court orders otherwise, the costs of dispute resolution processes under rules 4.16 and 4.18 (unless there was serious misconduct) and expert fees for investigations or for assisting at a trial or streamlined trial.

If no costs award or assessment order is made when the matter is decided, either party may ask an assessment officer for an assessment appointment date under rule 10.37. A party entitled to costs who wants or must have them assessed prepares a bill of costs in Form 44, itemizing fees, disbursements and other charges.

What the Court looks at

In making a costs award the Court may consider the following.

• The result and each party's degree of success.
• The amount claimed and the amount recovered.
• The importance of the issues and the complexity of the action.
• Apportionment of liability.
• Conduct that shortened or lengthened the action, and any other matter related to costs.

It may also consider unnecessary delay, refusing to admit what should have been admitted, unnecessary or improper steps, breaching the rules or an order, misconduct, and any settlement offer. If a lawyer engages in serious misconduct, the Court may order the lawyer rather than the client to pay.

Timing under the Family Focused Protocol

The Court of King's Bench Family Focused Protocol took effect January 2, 2026, with Regular Family Process, Desk Process and Urgent Process streams. Interim relief must be requested in the Commencement Document, using Form FL-18 with a supporting affidavit or statements, or the Mandatory Intake Triage package may be rejected.

The Mandatory Intake Triage is a one-hour on-the-record conference where a Justice assesses interim needs and can grant interim relief, make procedural orders, order reports, appoint Child's Counsel and direct mediation. After it, further interim applications are allowed only in exceptional circumstances, and urgent matters follow the separate urgent process. This affects any request for money to fund the case, so raise it early.

What to do next

• Gather financial records: tax returns, pay stubs, bank statements and a record of what you have already spent on legal fees.
• Note any conduct by your spouse that has delayed things or increased costs.
• Ask a lawyer whether an interim request for funding fits your facts and how to include it in your Commencement Document.
• If you cannot afford filing fees, ask about a fee waiver, and look at free or low-cost help such as family court counsellors.

Because the intake step comes early, do not wait to get advice. A lawyer can tell you what the Court currently expects before you file.

To apply for a fee waiver, you complete the Application for Fee Waiver and Statement of Finances form and submit it at the court where you plan to file. A waiver covers court filing fees only, so you may still owe other costs such as search requests or photocopying, and you cannot get one if you are representing a business or an estate.

Family court counsellors help self-represented people prepare for court, discuss issues, explore options and get referrals. For comparison, the commencement fee for a Statement of Claim for Divorce in King's Bench is $310, and a claim under the Family Law Act is $100.

Frequently asked questions