- You are financially eligible for Nova Scotia legal aid if you qualify for social assistance or employment support benefits, or if paying for a lawyer privately would reduce your income enough to qualify.
- Even if your income is over the limit, the Commission can find you eligible where hiring a lawyer would cause undue financial hardship.
- If legal aid is refused, suspended or withdrawn, you can ask the Commission for a review by written request.
Separation, parenting disputes and divorce can be expensive, and many people in Nova Scotia wonder whether they can get help paying for a lawyer. Legal aid is one option, but it has rules about who qualifies and what it covers.
This article explains, in general terms, how financial eligibility works for family matters, what family coverage includes, and what you can do if you are turned down. It does not set out income cut-offs or application steps, so check those with Nova Scotia Legal Aid directly.
This article covers the law of Nova Scotia.
How financial eligibility is decided
Under the Nova Scotia Legal Aid regulations, you are financially eligible if you qualify for benefits under the Social Assistance Act or the Employment Support and Income Assistance Act.
You can also be eligible if getting legal services outside the legal aid plan would reduce your income enough that you would then qualify. In plain terms, the question is not only what you earn today, but whether paying a private lawyer would push you down to that level.
When your income is over the limit
Being over the income amounts does not always close the door. The Commission can find you eligible even if your income exceeds the usual amounts, where retaining a lawyer would cause undue financial hardship.
What counts as undue hardship depends on your circumstances, such as your debts, your household and your other obligations. If you are unsure whether you fit, it is worth asking rather than assuming the answer is no.
Contributions and your home
Even if you are eligible, the Commission may require you to make a contribution. You cannot be required to sell your principal residence.
- Eligibility is about your finances; coverage is about the type of legal problem.
- A contribution may be asked of you even when you qualify.
- You cannot be required to sell your principal residence, although a contribution may still be requested.
What family coverage includes
Legal aid family coverage under Tariff 2 covers matters under the Parenting and Support Act, the Divorce Act, the Children and Family Services Act and the Adult Protection Act. It also covers separation agreements and family appeals.
Hours are allowed by type of matter. For example, an uncontested application is allowed 5 hours and a contested custody matter is allowed 20 hours. These are examples only, and the allowance for your matter may differ.
| Type of matter | Example allowance |
|---|---|
| Uncontested application | 5 hours |
| Contested custody matter | 20 hours |
Family matters are heard in the Supreme Court of Nova Scotia (Family Division), which deals with parenting arrangements, child support, division of matrimonial assets and debts, and divorce. Since January 1, 2022, family law matters in the province are handled under Rule 59 of the Civil Procedure Rules.
Some court steps may apply whether or not you have a lawyer. The Parent Information Program is mandatory when a court application involving children is filed in the Family Division. The Division also offers conciliation, mediation and voluntary judge-led settlement conferences, and a court referral to mediation generally needs an active application.
If legal aid is refused, suspended or withdrawn
If Nova Scotia Legal Aid refuses, suspends or withdraws legal aid, you can appeal to the Commission by making a written request for review.
The decision-maker then submits a written report with reasons, and the Commission considers it. On request, the Commission hears you in person.
- Put your request for review in writing.
- Keep a copy of the decision and any reasons you were given.
- Explain clearly why you believe you are eligible, including any hardship.
- Ask to be heard in person if you want to speak to the Commission.
What to do next
Contact Nova Scotia Legal Aid and ask about your specific situation, since income limits and application steps are not covered here. Gather your income information, details of any benefits, your debts and any court papers you have received.
When you call, it helps to have questions ready: whether your type of matter is covered, whether a contribution would be asked of you, and how many hours might be allowed. How this applies depends on your situation, so it is worth confirming with a lawyer.
- Write down your family issue (parenting, support, divorce, agreement or appeal).
- Collect proof of income, benefits and major debts.
- Note any court dates or deadlines.
- If you are refused, consider the written review process or talk to a lawyer about other options.
Frequently asked questions
Do I have to be on social assistance to get legal aid?
No. Qualifying for benefits under the Social Assistance Act or the Employment Support and Income Assistance Act is one way to be financially eligible. You can also be eligible if paying for services outside the plan would reduce your income enough to qualify.
Can legal aid make me sell my house?
No. An applicant cannot be required to sell their principal residence. The Commission may still ask for a contribution.
Does legal aid cover divorce and separation agreements?
Family coverage under Tariff 2 includes matters under the Divorce Act and the Parenting and Support Act, as well as separation agreements and family appeals. The hours allowed depend on the type of matter.
What can I do if my legal aid application is refused?
You can appeal to the Commission with a written request for review. A written report with reasons is submitted, and on request the Commission hears you in person.
Sources
- Nova Scotia Courts - Supreme Court (Family Division) — courts.ns.ca
- Legal Aid Regulations (Nova Scotia) — novascotia.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
An uncontested divorce with us is from $1,936.86, tax included. Third-party fees are extra.