Introduction
Let’s face it—divorce or separation in Ontario isn’t just emotionally taxing; it can also leave people staring down the barrel of significant legal costs before they even get their day in court. Maybe you’ve heard of “interim costs and disbursements in family law” but aren’t sure what it really means, or how it could help you. Good news: you’re not alone, and help is at hand.
Interim costs and disbursements are powerful legal tools that can level the playing field when one party has access to resources and the other is feeling cornered. But who actually qualifies, how does it work, and what do judges look at when making these decisions? This comprehensive guide, brought to you by the family law experts at Tailor Law PC, answers those questions and more—so you can move forward with confidence.
What Are Interim Costs and Disbursements in Family Law?
Interim costs and disbursements in family law are court-ordered payments made by one party to help the other pay legal expenses while the family law case is still ongoing—not just at the end of the trial. Think of it as a legal “advance” to ensure both sides have a fair shot, especially when there’s a financial imbalance.
Key Points:
- Interim costs: Funds to cover legal fees during proceedings.
- Interim disbursements: Funds to cover out-of-pocket expenses like expert reports, court filing fees, or valuations.
- Purpose: To promote fairness and access to justice, preventing one party from being forced to settle or abandon their case due to lack of funds.
Why Do Interim Costs and Disbursements Matter in Family Law?
In family law, power imbalances are common. One spouse may control most of the assets or income, while the other struggles to pay for a lawyer, expert witnesses, or even basic court fees. Without help, the less-resourced party might get steamrolled—hardly the “just and equitable” process Ontario’s courts strive for.
Interim costs and disbursements in family law:
- Prevent injustice caused by financial disparity
- Enable both parties to participate fully in the legal process
- Support access to justice, a fundamental principle in Canadian law
When Can You Apply for Interim Costs and Disbursements in Family Law?
You can apply for interim costs and disbursements at any stage before the final trial judgment, usually when:
- There’s a clear financial imbalance between spouses
- You can’t fund your own legal representation or necessary disbursements
- Your case raises complex legal or factual issues that require expert input
- Denial of funding would undermine your ability to present your case
Common triggers:
- High-conflict custody disputes
- Complex property or business valuations
- Allegations of hidden assets or financial misconduct
How Courts Decide on Interim Costs and Disbursements in Family Law
Judges don’t hand out interim costs and disbursements like candy. Instead, they follow a careful, principled approach. Ontario courts look at several factors, and the threshold is high—you need to show genuine financial need and a real risk of injustice.
Leading Ontario Cases
1. Okanagan Test (British Columbia (Minister of Forests) v. Okanagan Indian Band, 2003 SCC 71 [CanLII])
This Supreme Court of Canada case set out the key criteria for interim costs, later adopted in family law:
- The case must be novel, of public importance, or have special circumstances
- The applicant lacks the resources to fund the litigation
- The other party has the means to pay
- Denial of interim costs would prevent the case from being heard
2. Ontario Family Law Application: MacDonald v. MacDonald, 2015 ONSC 2017 [CanLII]
In this case, the court clarified the Okanagan test’s application in family law, focusing on the fairness and access to justice for both parties.
Judicial Considerations
Judges will ask:
- Can the applicant afford to pay their lawyer and necessary experts?
- Is the other party financially capable of contributing?
- Would denying the request hinder a fair trial?
- Is the funding for legitimate, necessary legal steps—not fishing expeditions?
Courts are cautious: Interim costs and disbursements are the exception, not the rule. The applicant must exhaust other funding avenues (such as loans or, in rare cases, legal aid) before seeking an order.
What Kinds of Expenses Can Be Covered?
Not all expenses qualify. Generally, interim costs and disbursements in family law can cover:
- Legal fees for your lawyer’s ongoing work
- Fees for expert reports (e.g., business valuators, parenting assessments)
- Court filing and process server fees
- Reasonable travel or accommodation costs for required court appearances
Not covered:
- Everyday living expenses
- Retrospective costs (expenses already paid)
- Frivolous or unnecessary expenditures
Step-by-Step: How to Apply for Interim Costs and Disbursements in Family Law
Trying to get interim costs and disbursements isn’t a walk in the park—there’s a process to follow, and you must come prepared.
1. Gather Your Evidence
- Financial statements: Show your assets, liabilities, income, and expenses.
- Affidavit: Swear to your inability to pay, and explain how lack of funding would prejudice your case.
- Budget: Detail anticipated legal costs, disbursements, and the need for expert reports.
2. Prepare Your Motion
You’ll need to serve and file a motion (formal court request) for interim costs and disbursements. Include:
- Legal basis (case law, statutes)
- Specific amounts requested
- Explanation of necessity
3. Serve the Other Party
Give the other side notice. They’ll have a chance to respond, often contesting your need or the size of the request.
4. Attend the Hearing
Both parties (and their lawyers) appear before a judge, who’ll hear arguments and review the evidence.
5. Await the Decision
If successful, the court will specify who pays what, when, and for which purposes.
Pro tip: Work with a family law lawyer experienced in these motions. The process is technical, the stakes are high, and mistakes can be costly.
Common Scenarios: When Are Interim Costs and Disbursements in Family Law Most Needed?
- Stay-at-home parent versus high-income earner: One spouse controlled the finances during the marriage and now withholds access, leaving the other in the lurch.
- Complex property division: Business interests, overseas assets, or disputes over hidden property require costly valuations or forensic accounting.
- High-conflict parenting disputes: Parenting capacity assessments, voice of the child reports, or supervised access reviews may be crucial—and expensive.
- Family violence or power imbalance: A vulnerable party needs resources to ensure safety and fair representation.
Tips for Maximizing Your Chances: Interim Costs and Disbursements in Family Law
- Be transparent: Disclose your finances fully—don’t leave gaps that raise suspicion.
- Detail necessity: Specify exactly what the funds are for, and why they can’t wait until the end of the case.
- Show attempts to self-fund: Courts look kindly on those who’ve tried to borrow, cut costs, or otherwise solve the problem themselves.
- Keep requests reasonable: Asking for the moon rarely works; focus on immediate, essential costs.
Risks and Realities: What to Expect
Interim costs and disbursements in family law aren’t guaranteed. Even with a compelling case, courts may:
- Grant only part of your request
- Set strict reporting requirements
- Require repayment if you ultimately lose the case or the funds weren’t used as promised
Remember: A poorly prepared motion can harm your credibility and set back your case. Professional legal guidance is crucial.
Best Practices: Interim Costs and Disbursements in Family Law
- Consult an experienced family lawyer early.
- Prepare detailed, honest financial disclosure.
- Get quotes for anticipated disbursements (e.g., expert report costs).
- Document every attempt to self-fund.
- Communicate clearly with your lawyer about needs and priorities.
- Keep the court updated if circumstances change.
How Tailor Law PC Can Help with Interim Costs and Disbursements in Family Law
As one of Ontario’s most trusted family law firms, Tailor Law PC brings a wealth of experience to the table. Our lawyers have successfully argued interim costs and disbursements motions in high-stakes, high-conflict family law cases across the GTA and beyond.
Why choose Tailor Law PC?
- Deep expertise: We know the case law, the judges, and the strategy needed to maximize your chances.
- Client-first approach: We listen, we explain, and we fight for your best interests—every step of the way.
- Transparent guidance: You’ll always know what’s happening, what’s possible, and what your next steps are.
- Proven track record: Our clients routinely praise our professionalism, empathy, and results—just check our client testimonials.
Next Steps:
- Book a free confidential consultation with a Tailor Law family lawyer
- Get a realistic assessment of your interim costs and disbursements options
- Receive a tailored action plan—so you can move forward, not just tread water
Conclusion
Going through a divorce or separation in Ontario is tough enough without the added stress of financial uncertainty. Interim costs and disbursements in family law are a crucial tool for ensuring fairness, access to justice, and a level playing field for all. While these orders aren’t handed out lightly, with the right legal team and a well-prepared application, you can secure the resources you need to see your case through.
Don’t let financial roadblocks decide your family’s future. The experienced team at Tailor Law PC is ready to help you understand your rights, weigh your options, and fight for the support you deserve—every step of the way.
Looking for more guidance on your family law matter?
Contact Tailor Law PC today to schedule a free consultation and put expertise, empathy, and proven results on your side.
Related Reading
- Ontario Family Law Overview
- How Is Child Custody Decided in Ontario?
- Separation Agreements in Ontario
- Steps to Getting a Divorce in Ontario
This article is for informational purposes only and does not constitute legal advice. For advice about your specific situation, consult a family law professional.
