- The Family Law Act lets the Supreme Court order an interim distribution of family property to fund dispute resolution or a proceeding, but only if it would not harm the other spouse's interests.
- This power is not a general costs order, and it applies only to family property at issue under Part 5.
- Part 10 of the Family Law Act has no general costs provision, only narrower expense provisions.
If you earn less than your spouse, or have been out of the workforce, paying a lawyer during a separation can feel impossible, especially when the other person controls most of the money. It is natural to ask whether the court can make them pay.
This article explains the main statutory route in British Columbia, what it requires, and where its limits are. Whether it could help you depends on your property, your finances and your case, so a lawyer can confirm how it applies to you.
This article covers the law of British Columbia.
The main route: an interim distribution of family property
Section 89 of the Family Law Act allows the Supreme Court to order an interim distribution of family property. The court must be satisfied that the order would not be harmful to the interests of a spouse and is necessary for a listed purpose.
The listed purposes are to provide money to fund family dispute resolution, all or part of a proceeding under the Act, or obtaining information or evidence in support of family dispute resolution or a court application.
In plain terms, it is a way to release some of the property that will eventually be divided so that one spouse can pay for the process, rather than an order that the other spouse simply pays your bills.
What this power does not do
The limits matter as much as the rule. The order is made only by the Supreme Court, only from family property at issue under Part 5 (property division), and only if it would not harm the other spouse's interests. It is not a general costs order.
- It is not available in Provincial Court.
- It depends on there being family property in dispute to draw from.
- It cannot be made if it would harm the other spouse's interests.
- It is tied to funding dispute resolution, a proceeding, or gathering information or evidence.
Part 10 of the Family Law Act has no general costs provision. It does contain narrower expense provisions, listed below.
| Section | What it covers |
|---|---|
| s. 203(2) | The court may allocate children's lawyer fees among the parties |
| s. 211(5) | Assessment report fees |
| s. 212(2) | Expenses of complying with disclosure orders |
| s. 224(2) | Fees for dispute resolution, counselling or programs |
Courts may have other powers depending on the facts, and the law in this area can be technical. That is a question to put to a lawyer.
What you would need to show
Based on the wording of section 89, an application would need to deal with several points. A lawyer can tell you how a court is likely to view each in your circumstances.
- There is family property at issue in a property division dispute under Part 5.
- The money is needed for a purpose the section lists, such as funding family dispute resolution or part of a proceeding.
- The order is necessary for that purpose.
- The order would not be harmful to the other spouse's interests.
- Your application is in the Supreme Court.
Evidence usually matters here: what property exists, what it is worth, what you have to pay, and what you can afford. Financial documents and a clear budget make a stronger picture than general statements.
Other ways to manage costs
Even if a court order is uncertain, there are other options. Family Justice Centres offer free services on parenting arrangements, guardianship, child and spousal support, contact with a child and property division for a companion animal. They also provide mediation through Family Justice Counsellors, who are accredited mediators.
If you want a lawyer for only part of your matter, unbundling lets a lawyer handle certain tasks while you handle others. Where family violence is a concern, a Family Law Centre may offer free legal help if you cannot afford a lawyer and meet the eligibility requirements.
What to do next
- List the property you and your spouse own, with approximate values and what is in whose name.
- Gather income information, bank statements and a simple monthly budget for both households if you can.
- Estimate the cost of the specific step you need funded, such as mediation or a particular application.
- Speak with a lawyer about whether a section 89 application fits your situation and what else may be available.
- In the meantime, consider free services such as a Family Justice Centre at 1-844-747-3963.
Frequently asked questions
Can a court order my spouse to pay my lawyer directly?
The route confirmed in the Family Law Act is section 89, which allows an interim distribution of family property to fund things like dispute resolution or a proceeding. It is not a general costs order. Whether other options exist depends on the facts and is worth confirming with a lawyer.
Which court can make a section 89 order?
Only the Supreme Court can make it. It is made from family property at issue under Part 5, and only if it would not harm the other spouse's interests.
Does Part 10 of the Family Law Act let me claim costs?
Part 10 has no general costs provision. It has narrower provisions, such as allocating children's lawyer fees and fees for dispute resolution, counselling or programs.
What if there is little or no family property to divide?
Section 89 draws from family property at issue under Part 5, so having no such property would limit its usefulness. Free services and unbundled legal help may be worth exploring.
Sources
- BC Gov News – Attorney General release, July 8, 2026 — news.gov.bc.ca
- Province of BC – Family Justice Centre services — www2.gov.bc.ca
- Family Law Act, SBC 2011, c 25, s. 89 — bclaws.gov.bc.ca
- Family Law Act, SBC 2011, c 25, Part 10 — bclaws.gov.bc.ca
- Law Society of BC – Unbundling legal services — lawsociety.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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