The current global financial crisis is taking a toll on everything that has to do with money, and that even includes divorces. Many people were left in a very nasty payout trap when the stock markets crashed in September 2008, and people are suddenly finding themselves unable to pay their divorce settlement payments, causing them to ask for a renegotiation of the original settlement to something more affordable. Stock dividends that have been promised to ex-spouses have disappeared and there is a good possibility that this situation could cause a change in the law.

According to Tina Dunn, a family law partner at Mace & Jones, "If a divorce is negotiated as a clean break, then it's a clean break, meaning the ex-spouse gets the money and you can't go back on it. If the court of appeal does allow this [renegotiation of the divorce terms], then it will be opening the floodgates of litigation to allow a string of cases settled before the economic downturn to be brought back for renegotiation."

Divorces in the United Kingdom see the split of marital assets such as property and money between the two spouses, with one taking on on-going maintenance payments to the other should there be childcare and school fees involved. It is currently possible for the paying spouse to renegotiate their maintenance payments if there is a change in either person's financial situation. If the paying spouse, however, was told to pay a capital lump sum settlement to their ex-spouse, then there are very few unforeseen circumstances that will convince the courts to review and renegotiate the payouts. This is exactly what is happening as people who once made a good deal of money each year are faced with not being able to make their divorce payments, due to not receiving a yearly bonus or because their salaries have been reduced. The process takes months to accomplish.

Some couples may actually be able to reach a settlement between them to accommodate this lack of funds for maintenance payments instead of having to spend money on court fees that they may not have. Dunn is advising any couples in the middle of a divorce proceeding to sit down and reassess the final settlement offer between them, especially when one partner is expecting a large lump sum payout at some point in time that they may not receive.
Divorcing couples are also advised to reevaluate their financial situations in between court hearing in order to present to the courts the most updated values possible and so that the spouses are prepared by knowing the financial situations the other is in or is possibly facing debt.