Scottish Court Opens Door for Legal Fees in Spousal Maintenance Claims

10 September 2026

In a significant development for family law in Scotland, a recent case has challenged the long-standing view that legal fees cannot be included in interim aliment (spousal maintenance) claims. This ruling could provide crucial financial support for individuals navigating divorce proceedings.

Traditionally, Scottish courts have maintained that interim aliment is intended solely for day-to-day living expenses, excluding legal costs. This approach often placed individuals with limited financial resources at a disadvantage, as they struggled to afford necessary legal representation during divorce cases.

The recent case, as reported by Scottish Legal News, involved a spouse seeking to include legal fees in their interim aliment claim. The court's decision to allow this marks a departure from previous interpretations, aligning Scottish practice more closely with that of England, where courts can grant Legal Services Payment Orders to cover legal expenses in divorce proceedings.

This ruling is particularly significant for those who may feel financially trapped in a marriage due to the inability to afford legal representation. By potentially allowing legal fees to be covered under interim aliment, the court has opened a pathway for individuals to access the legal support they need to pursue fair outcomes in divorce cases.

It's important to note that this decision doesn't automatically apply to all cases. Each situation will be assessed on its own merits, considering factors such as the financial circumstances of both parties and the specifics of the case. However, this development signals a more flexible and supportive approach by the Scottish courts towards individuals seeking justice in family law matters.

At Thompson Family Law, we understand the emotional and financial challenges that come with divorce proceedings. This recent ruling offers hope for those concerned about affording legal representation. If you're facing a similar situation, we encourage you to reach out to discuss how this development might impact your case and explore the options available to you.