Spousal Support
Interim Spousal Support in BC While Your Case Is Ongoing
By SiLaw Group Family LawyersPublished Nov 13, 2026 · 6 min read
You do not have to wait for a final order. Section 15.2(2) of the Divorce Act allows interim spousal support while a support application is pending, and section 216 of the Family Law Act allows a BC court to make an interim order for the relief applied for.
Separation rarely waits for the court calendar. Rent, mortgage payments and groceries continue while a case moves toward settlement or trial, and the spouse with the lower income often cannot carry that gap for months. SiLaw Group Family Lawyers acts for both payors and recipients at this stage. This post explains the statutory basis for interim support, how courts approach the amount, how interim support interacts with the final result, and how an interim order can be changed. For entitlement, amount and duration generally, start with our spousal support services page.
What Is an Interim Spousal Support Order?
An interim order is a temporary order made before the court finally decides the claim. Under section 15.2(2) of the Divorce Act, where an application for spousal support has been made, the court may, on application by either or both spouses, make an interim order requiring a spouse to pay or secure such lump sum or periodic sums as the court thinks reasonable, pending the determination of the main application. Section 15.2(3) of the same Act allows an interim order to run for a definite or indefinite period or until a specified event occurs, with whatever terms and conditions the court thinks fit and just.
The Family Law Act takes a broader approach. Section 216(1) says that if an application is made for an order under the Act, a court may make an interim order for the relief applied for. That covers spousal support along with everything else the Act governs. Section 216(2) adds an important discipline: to the extent practicable, the court must make the interim order in accordance with any requirements or conditions of the Act that would apply if the order were not interim. An interim support order in British Columbia is therefore still measured against the entitlement objectives in section 161 and the factors in section 162, not decided on sympathy alone.
Who Can Apply, and Under Which Statute?
Married spouses who have started a divorce proceeding can ask for interim support under the Divorce Act. Section 2(1) of that Act defines the court for this province as the Supreme Court of British Columbia, so a Divorce Act claim runs there. Married spouses can also claim under the Family Law Act, and unmarried spouses must. Under section 3 of the Family Law Act, a person is a spouse for support purposes if they lived with another person in a marriage-like relationship for a continuous period of at least two years, or for a shorter period if they have a child together. Section 1 of the same Act defines the court as the Supreme Court of British Columbia, or the Provincial Court to the extent it has jurisdiction to make the order, so a Family Law Act support claim can proceed in either court. Our page on the two-year rule for unmarried spouses explains the threshold.
How Does the Court Decide the Amount of Interim Support?
The same factors apply at the interim stage as at trial. Section 15.2(4) of the Divorce Act directs the court, when making an order or an interim order, to consider the condition, means, needs and other circumstances of each spouse, including the length of cohabitation, the functions each spouse performed, and any order, agreement or arrangement about support. Section 15.2(5) bars the court from considering misconduct in relation to the marriage on either kind of order, and section 15.2(6) applies the four spousal support objectives to interim orders expressly. Section 166 of the Family Law Act likewise excludes misconduct, except conduct that arbitrarily or unreasonably prolongs the need for support or affects the ability to pay.
In practice, the Spousal Support Advisory Guidelines do most of the work. The Guidelines say in Chapter 5 that they are intended to apply to interim orders as well as final orders, that the interim setting is an ideal situation for a quick, easily calculated range once each party's income is established, and that more precise adjustments can be made at trial. The Guidelines also recognize an exception for compelling financial circumstances in the interim period, aimed at the spouse who is stuck with a large mortgage or debt payment that cannot be moved quickly, with interim support adjusted back toward the formula amounts once the house is sold or the debt refinanced. Our page on SSAG amount and duration explains the formulas themselves.
Because income is the input, disclosure is the battleground. In the Supreme Court of British Columbia each spouse's financial disclosure is given in a Form F8 financial statement, and our Form F8 financial disclosure guide explains what it must contain. An interim application built on incomplete numbers invites a weaker order.
Does Interim Support Count Toward the Final Duration?
Yes. The Guidelines are explicit that any period of interim support is included within the durational limits under either formula. The authors give the reason: if interim periods did not count, some parties would have an incentive to drag out proceedings and others to speed them up, and spouses would end up with uneven total durations depending on how long their cases took. Interim support is an advance on the same obligation, not a separate one.
Can an Interim Order Be Changed Before Trial?
Under the Divorce Act, an interim order lasts pending the determination of the main application, and the final order replaces it. The Family Law Act has a specific mechanism. Section 216(3) allows a court, on application, to change, suspend or terminate an interim order if a change in circumstances has occurred since it was made, or if substantial evidence that was not available at the time has become available. Section 216(4) then lists what the court must take into account: the change or new evidence, the time that has passed, whether the interim order was meant as a temporary arrangement that would not affect either party's position during negotiations or at trial, whether a trial has been scheduled, and any potential adverse effect of making or declining the change.
Section 217 of the Family Law Act deals with a different situation: asking for interim relief while applying to change an existing order. That interim relief is available only if circumstances have changed since the original order and the hardship of denying interim relief outweighs the hardship of granting it. For the law on changing final orders, see our page on varying and terminating spousal support.
How Do You Actually Apply?
In the Supreme Court of British Columbia, interim support is sought by a chambers application under Rule 10-6 of the Supreme Court Family Rules. Since October 1, 2026, that process starts by serving an unfiled notice of application and evidence on the other side, who then has 5 business days to respond, before the hearing is booked. Our post on the October 2026 changes to the Supreme Court Family Rules explains the serve then file sequence in detail. Genuinely urgent situations have their own rule, covered on our page about emergency and urgent family applications. For an overview of how a family case moves through either court, see our court procedure page.
Not every interim arrangement reaches a judge. Spouses who exchange disclosure and run the Guidelines often agree an interim amount by consent, sometimes through mediation, and record it in a consent order or a written agreement so that the tax treatment and enforcement are clear.
Talk to a Family Lawyer About Interim Support
If the bills are arriving faster than your case is moving, interim support is the tool built for that gap, and it deserves the same care as the final order. The first 30 minutes with SiLaw Group are free, by phone, video, or in person in South Surrey. Call (778) 381-9977 or Book Now for a Free Consultation.
This post is legal information, not legal advice. Rules and fees are current to the date of writing and can change.
About SiLaw Group
SiLaw Group Family Lawyers is a Surrey, BC firm practising family law and mediation. Founder Sandy Sihota is an accredited Family Law Mediator, Arbitrator and Parenting Coordinator (Law Society of BC). Articles are legal information, not legal advice.