Is AI good for legal advice when you're going through a divorce? - Toronto Star
A recent court case shows AI's limits — even for lawyers.
Clients face risks when they use AI to navigate a separation.
Lisa Gelman is a Toronto family lawyer and founder of Gelman & Associates. Send your divorce, separation, adoption or other family law questions to: gelman@thestar.ca
Q: I am going through a separation and have been using AI to educate myself about the issues in my case. It has helped me understand the law and has pointed me toward relevant cases and legal principles. With legal fees adding up, I have started using AI to answer questions that I would ordinarily ask my lawyer. It is quick, detailed and often sounds reliable. Can I depend on AI to give me accurate information about my rights, or could this end up costing me more in the long run?
A: Traditionally, one of clients’ biggest challenges was finding free, reliable, accessible legal information. Today, the problem is nearly the opposite. A few prompts typed into an AI program can generate a seemingly confident answer — complete with legal terminology and case law citations.
That information may be presented with the same authority and detail as advice from a licensed legal professional — but that does not make it accurate or legally sound.
AI can be a useful starting point, but it is not a substitute for the legal expertise, analysis and accountability that a lawyer brings to a case. A recent Ontario court decision shows just how important that distinction can be.
In a May 2025 decision, Ko v. Li, 2025 ONSC 2766, the Ontario Superior Court of Justice identified several problems with a factum filed by counsel, raising important questions about the use of AI in legal research and drafting. Some cited cases could not be located, some links did not lead to the cases identified, and at least one case did not support the proposition for which it had been cited.
The lawyer acknowledged that artificial intelligence “like ChatGPT” had been used to prepare the factum, prompting the court to emphasize that while AI may be used as a legal tool, its output must be carefully verified and reviewed by counsel before being submitted to the court.
The lesson from Ko v. Li extends beyond lawyers. Clients should also understand AI’s limitations when researching legal issues. If AI tells you that you’re entitled to a specific share of the matrimonial home or a specific amount of spousal support, use it to formulate questions for your lawyer — not as the answer to your case.
This is particularly important in family law, where outcomes are heavily dependent on the specific facts of each case. Property and support issues can depend on a range of factors — length and nature of the marriage, ownership and history of property, financial disclosure, income and more. AI does not have the complete evidentiary picture of your case in the same manner that your lawyer should.
That does not mean AI has no place in the process. Used thoughtfully, it can be a valuable tool for understanding basic legal concepts, organizing your questions and preparing for a meeting with your lawyer. A client who understands the terminology and issues relevant to their case will likely have a more meaningful and productive discussion with their lawyer.
There is also nothing inherently improper about a lawyer using AI. Lawyers are increasingly using such technology to assist with research, organize information and prepare drafts. The issue, as Ko v. Li demonstrates, is not whether AI was used, but whether the lawyer properly reviewed the material before relying on it.
AI cannot replace the professional judgment required to apply that law to your circumstances, assess the evidence, develop an appropriate strategy, and advise you about the risks and consequences of your choices. Relying on potentially inaccurate information to make decisions about your separation could ultimately be far more costly.
Opinion articles are based on the author’s interpretations and judgments of facts, data and events. More details
Lisa Gelman is a Toronto family lawyer and founder of Gelman & Associates. Send your divorce, separation, adoption or other family law questions to: gelman@thestar.ca
