Who Pays for a Divorce in Ontario?

Divorce is a major life event, and along with the emotional challenges, there are significant financial considerations. One of the most common questions people have when facing divorce is: Who will pay for the costs involved? 

The cost of a divorce typically includes legal fees, court fees, and, in some cases, the costs of mediation or other dispute resolution methods. This post will break down the various costs associated with a divorce and explain who may end up covering them.

Common Divorce Costs in Ontario

Before exploring the question of who pays, it is essential to understand the typical costs associated with a divorce. Depending on the complexity of the case, the costs may differ, but these are the most common expenses involved in a divorce:

1. Legal Fees

Hiring a family law lawyer is the most common way to navigate a divorce in Ontario. A divorce lawyer helps guide you through the process, advises on your rights, and represents you in legal proceedings. Legal fees can vary depending on the complexity of the case and the divorce lawyer’s hourly rate. If both spouses agree and the divorce is uncontested, the fees could be modest. However, in cases where the divorce is contested, the legal costs can increase significantly.

2. Court Fees

If your divorce requires you to file paperwork in court, there are court fees that need to be paid. In addition to the filing fee, there may be other costs related to court appearances, document retrieval, or the need to pay for copies of legal documents. Your family law lawyer will guide you in relation to these procedural concerns.

3. Mediation and Alternative Dispute Resolution Costs

Many couples opt for mediation or collaborative divorce to resolve issues amicably, avoid court, and minimize costs. While these methods are often more affordable than traditional litigation, they still carry a fee. Mediators typically charge an hourly rate, which can vary based on their experience and expertise. The couple usually shares the cost of the mediator, but how the fees are split depends on the specific situation and any agreements made between the spouses. Also, for many mediations, each party will have a family law lawyer to support and advise them in the process.

Who Pays for the Divorce Costs?

Now that we understand the types of costs involved in a divorce, the next question is: who is responsible for paying these expenses? The answer is not always straightforward. 

Several factors can influence who will ultimately pay for what. Here’s an overview:

1. Who Files for Divorce? (Applicant vs. Respondent)

In Ontario, the person who commences the divorce process is called the “Applicant,” while the other spouse is the “Respondent.” Simply being the party to file for divorce does not automatically mean that you will be responsible for all the costs associated with it. Both parties are expected to cover their own legal fees, Court costs and other expenses, unless the court orders otherwise.

2. Court Orders for Costs

Ontario courts have discretion over who will pay legal and other divorce-related costs. 

• If one party is found to be acting unreasonably, for example, by dragging out proceedings or refusing to negotiate in good faith, the court may order that party to cover some or all the other party’s legal fees. This can help discourage unnecessary delays or unfair practices that may complicate or prolong the divorce process.
• Further, for an argued stage of a Court proceeding, Rule 24(3) of the Family Law Rules contains a presumption that the successful party is entitled to costs, meaning that a percentage of his/her costs will be paid by the opposing party, by an order of the Court.

3. Shared Responsibility

• Simple/Uncontested Divorce – A claim for divorce is just one claim that can arise on the breakdown of a marriage. A divorce order and Certificate of Divorce confirm the legal termination of the parties’ status as a married couple. However, there are many other claims that can arise from a divorce, such as claims around children, support and property division. These claims are called corollary claims. 

In many cases, the cost of a simple/uncontested divorce, which does not include any corollary claims,  is split equally between the two spouses. 

• Mediation – Similarly, if a couple opts for mediation to avoid a lengthy court battle, they may share the cost of the mediator equally. 

Conclusion

The cost of divorce can vary widely based on factors such as the complexity of the case, each spouse’s financial situation, and the approach taken to resolve disputes. Typically, each party is responsible for their own legal fees. However:

• the court may order one spouse to contribute to the other’s costs, especially in cases of unreasonable conduct by one party; and
• there are certain low conflict issues or resolution approaches for which the parties may equally share their total costs.

Aarushi Gandhi, a Family Law Lawyer, at Bair Family Law, offers empathy, unwavering support, and a listening ear when you need it most. Whether you are facing divorce, or navigating other complex family law matters, Aarushi is here to guide you with compassion, clarity, and drive.

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