Can I Get Interim Support in Ontario Before My Case Ends?

Yes. Ontario courts can make interim (temporary) child and spousal support orders while a family case is underway, under the Divorce Act and the Family Law Act. Usually you must first attend a case conference on the substantive issues before bringing a motion, unless the court finds urgency or hardship. Child support follows the guidelines even at the interim stage.

How interim support works in Ontario, step by step

Family cases can take months to resolve. Bills do not wait, and the spouse or parent with less income often needs support right away. Ontario law allows a court to order support for the period before the case is decided. For the wider picture, see our child and spousal support page.

The legal basis is clear in both statutes. The Divorce Act allows interim child support (s. 15.1(2)) and interim spousal support (s. 15.2(2)) pending the final decision. Ontario's Family Law Act lets the court make an "interim or final order" for support (s. 34(1)). The child support guidelines expressly apply to interim orders (Ontario Child Support Guidelines, s. 2(4)).

The process in an Ontario family court usually runs like this:

Start the case. File an application claiming support, with a sworn financial statement (Family Law Rules, r. 13) and the income documents the guidelines require.
Attend the Mandatory Information Program. For cases that include support, parenting or property claims, parties usually attend a mandatory information program early in the case (r. 8.1), unless an exception applies, such as a case proceeding on consent.
Hold a case conference. Its purposes include exploring settlement, identifying the issues, ensuring disclosure of the financial information needed for support, and giving directions for any intended motion (r. 17(4)).
Bring a motion if needed. No motion may be heard before a conference dealing with the substantive issues has been completed (r. 14(4)), unless the court finds urgency or hardship or that a conference is not required for another reason in the interest of justice (r. 14(4.2)).
Interim order. The judge decides on the affidavit and financial evidence, often without a full hearing of the facts.
The case continues. The interim order stays in place until changed or replaced by a final order or agreement.

What an interim order can cover

Issue	What the court applies at the interim stage	Source
Child support (table amount)	The guidelines, using the best income evidence available	Ontario Child Support Guidelines, s. 2(4); Divorce Act s. 15.1(2)
Special expenses	Section 7 expenses, shared by income	Guidelines, s. 7
Spousal support	Entitlement on a preliminary basis, and an amount often informed by the advisory guidelines	Divorce Act s. 15.2(2); Family Law Act s. 34(1)
Matrimonial home	Interim exclusive possession and related orders (Superior Court only)	Family Law Act ss. 24, 34(1)(d), 34(2)
Disclosure	Orders requiring documents, with costs consequences	Guidelines ss. 21 to 24; Family Law Rules r. 13

Interim spousal support and the advisory guidelines

The federal Spousal Support Advisory Guidelines are intended to apply to interim orders as well as final ones, and their authors expected them to be "particularly valuable at the interim stage". They also note two things that matter for planning. First, any periods of interim support are meant to be included within the guidelines' durational limits, so a long case does not extend support. Second, the guidelines recognize an exception for compelling financial circumstances in the interim period, while the parties sort out their finances right after separation.

Entitlement at the interim stage is usually decided on a preliminary basis. The full story of the relationship may not be tested until trial or settlement. Our page on who is entitled to spousal support explains what a court looks at. The ranges are covered in how the amount is worked out.

Building the evidence for an interim motion

Interim motions are decided mainly on paper, so the documents do the talking. A typical support motion includes a sworn financial statement with a realistic budget, the income documents the child support guidelines require, and an affidavit that tells the story briefly: when the parties separated, who has the children and when, what each earns, what has been paid since separation, and why support is needed now.

Judges look for specifics. "I cannot pay my bills" is weaker than a list of the rent, the arrears notice and the bank balance. Where the other spouse's income is unclear, explain what you know and what documents you have asked for, and when. If urgency is the reason for skipping the case conference, the affidavit must show it.

The case conference itself is often where interim support is settled. Because its purposes include ensuring disclosure of the financial information needed to resolve support (r. 17(4)(d)), arriving with complete disclosure, and a reasonable proposal, often produces an interim agreement without a contested motion.

Where interim support is decided in Toronto

In Toronto, support claims are heard in either the Superior Court of Justice or the Ontario Court of Justice, depending on the other claims in the case. A divorce, or a claim about property or the matrimonial home, belongs in the Superior Court: the Divorce Act names the Superior Court of Justice as the court for Ontario, and the property and matrimonial home parts of the Family Law Act exclude the Ontario Court of Justice (ss. 4(1), 17); see the Superior Court of Justice family court in Toronto. A support claim under the Family Law Act on its own, or with parenting claims, can be brought in the Ontario Court of Justice, which cannot order a lump sum or deal with the matrimonial home (Family Law Act, s. 34(2)); see the Ontario Court of Justice family courts in Toronto. Our Toronto family court guide sets out the overall picture.

What changes the answer

Urgency or hardship (r. 14(4.2)). If waiting for a case conference would cause real hardship, for example no money for rent or food, the court can hear a motion first.
Income evidence. Interim orders are only as good as the income information. Non-disclosure can lead to imputed income; see what counts as income for support.
Interim exclusive possession. Where one spouse needs to stay in the home with the children, the court can deal with possession as well; see exclusive possession of the matrimonial home.
Common-law relationships. Unmarried spouses who meet the Family Law Act definition can seek interim spousal support too; see common-law spousal support.
Agreements. An existing agreement on support usually carries weight, though Family Law Act support waivers can be set aside in listed cases (s. 33(4)).
Enforcement. Interim orders are enforced like final orders; see what happens if support is not paid.

A worked example

For example, imagine spouses in Toronto who separate after a 12-year marriage. One spouse left work years ago to raise their two children and now has no income; the other earns $110,000 and has stopped contributing to household bills. The spouse at home files an application in the Superior Court claiming divorce, child support, spousal support and equalization, with a financial statement and a budget.

If the other spouse provides income documents and the parties reach the case conference, the judge can explore settlement and give directions for a support motion. If the spouse at home cannot pay rent in the meantime, they can ask the court to hear an urgent motion before the conference under rule 14(4.2). An interim order would set child support under the guidelines from the paying spouse's income, add any child care costs as special expenses, and set interim spousal support informed by the guideline range. The final numbers could differ after full disclosure. This example is hypothetical.

Common mistakes with interim support

Waiting to file. Courts can address past periods, but starting the case is what opens the door to an order.
Arriving without a budget. Interim decisions rely heavily on financial statements and budgets.
Assuming a motion can be heard immediately. The rule is a case conference first, unless urgency or hardship is shown.
Ignoring disclosure deadlines. Missing documents can lead to imputed income and costs.
Treating the interim amount as final. It can change at trial or settlement once all the evidence is in.
Forgetting that interim support counts toward duration. The advisory guidelines include interim periods within the durational limits; see how long spousal support lasts.

What to do this week

Prepare a monthly budget for your household and list current bills that are unpaid.
Gather your last three tax returns and notices of assessment, and any income documents you have for the other spouse.
Write a short timeline: separation date, children's ages and schedule, and what support has been paid since.
Collect proof of any urgency, such as arrears notices or a lease ending.
Look up the child support table amount using the official 2025 federal look-up; see how child support is calculated.
Book a free consultation with us to decide whether to seek support by agreement, at a case conference, or by an urgent motion.

Frequently asked questions

How quickly can I get interim support?

It depends on the court's schedule and whether urgency or hardship lets a motion proceed before a case conference. Agreements can be faster than any court step if the other spouse cooperates.

Can interim support be backdated?

The Family Law Act allows an order requiring support for a period before the order (s. 34(1)(f)), and the Divorce Act allows orders to be varied retroactively. Whether a court does so depends on the facts.

Do I need to attend the Mandatory Information Program?

In most cases with support, parenting or property claims, yes (r. 8.1), unless an exception applies, such as a case proceeding on consent or parties who have already attended one.

What if the other spouse will not disclose income?

The court can order production, draw an adverse inference, impute income and award costs (child support guidelines ss. 22 to 24).

Is interim spousal support taxable?

Periodic spousal support paid under a court order is generally deductible for the payer and taxable for the recipient; see support and taxes.

Can the Ontario Court of Justice order interim spousal support?

Yes, for Family Law Act claims, within the limits in section 34(2), which exclude lump sums and matrimonial home orders except in limited cases.

Can I get support before my family case is decided in Ontario?