Scottish Court Rethinks Legal Fees in Divorce Cases

25 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.

It's important to note that this ruling does not automatically apply to all divorce cases. Instead, it opens the door for individuals to argue for the inclusion of legal fees in interim aliment claims, particularly in situations where one party may be financially disadvantaged.

At Thompson Family Law, we understand the complexities and emotional challenges that come with divorce proceedings. This development underscores the importance of seeking professional legal advice to navigate these changes effectively. If you have questions about how this ruling might affect your situation, our experienced team is here to provide guidance tailored to your needs.