Scottish Court Rethinks Legal Fees in Divorce Cases

8 September 2026

In a significant development for family law in Scotland, a recent case has challenged the long-standing belief that legal fees cannot be included in interim aliment claims during divorce proceedings. This ruling could provide a new avenue for individuals seeking financial support to cover legal representation costs in exceptional divorce cases.

Traditionally, Scottish courts have maintained that interim aliment—temporary financial support one spouse pays to another during divorce proceedings—does not encompass legal expenses. This stance often placed individuals with limited financial resources at a disadvantage, potentially hindering their ability to secure adequate legal representation.

However, the recent case, as reported by Scottish Legal News, suggests a shift in this perspective. The court considered arguments that, in certain circumstances, including legal fees in interim aliment claims is justified to ensure both parties have equal access to legal representation. This approach aligns more closely with practices in other jurisdictions, such as England, where Legal Services Payment Orders (LSPOs) allow for the inclusion of legal costs in maintenance payments.

For individuals navigating divorce proceedings, this development could be pivotal. Access to competent legal advice is crucial for fair outcomes, especially when complex financial matters or child custody issues are involved. The ability to claim legal fees as part of interim aliment may level the playing field, ensuring that both parties can adequately present their cases.

It's important to note that this ruling doesn't automatically apply to all divorce cases. Courts will likely consider such claims on a case-by-case basis, evaluating factors like the financial circumstances of both parties and the complexity of the case. Therefore, individuals considering this route should seek professional legal advice to understand how this development might apply to their specific situation.

At Thompson Family Law, we are committed to staying abreast of such legal developments to provide our clients with informed and effective representation. If you have questions about how this ruling might affect your divorce proceedings, please don't hesitate to contact us. Our experienced team is here to guide you through every step of the process, ensuring your rights and interests are protected.