Spousal and child maintenance in The Netherlands
In the following you will find general answers to some frequently asked questions regarding maintenance/ alimony obligations in the Netherlands.
What is child maintenance?
Child maintenance/ alimony is a financial contribution towards the upbringing and education of children. Maintenance is owed once a legal bond has been established between parent and child. This means not only biological parents, but also adoptive parents and even stepparents are obliged to support their children financially until the child has turned 18. If the child is still in full-time education at 18, then the obligation is extended until the child has turned 21.
How is child maintenance determined?
Child maintenance usually determined by using a standard calculation. This calculation is based on the net income of both parents during their relationship, which determines the amount needed by the child to keep up their former standard of living. The ability of the parents to pay this amount is tested using their current monthly net income and a certain amount of predetermined living costs. The amount of time the child spends with each parent is also factored in to the calculation. If, however, there are special circumstances, other factors, such as debts, can be taken into account, making it not as easy as it sounds to determine an amount.
In general, either parents agree on an amount amicably or the family courts determine the amount of maintenance owed. The courts will in principle always follow the strict standard calculation. The guidelines state that a parent must pay a minimum of € 25,-- per child per month, unless there are special circumstances, which must be proven by the party obliged to pay maintenance.
What is spousal maintenance?
Spousal or partner maintenance/ alimony is the financial contribution owed to the other spouse after divorce in cases where the other spouse cannot support themselves, or there is a large gap in earnings between parties.
The law is applicable in all marriages and civil partnerships, but not if parties only co-habit.
How is spousal maintenance/ alimony calculated?
Spousal maintenance is based on two factors the need of a spouse for support and the financial ability of the other spouse to pay a contribution.
It is not compulsory to ask for or receive spousal maintenance. It is not uncommon for parties to renounce their rights to maintenance upon divorce as many young couples have equivalent incomes or do not want support from their ex-partner.
If, however, one partner has taken a step back from their career, for example to have children, then spousal support may be necessary. The need for spousal support is based on the standard of living and income during marriage or partnership. If there was a high income then there will be a high standard of living and therefore a higher amount of support will be necessary to continue this standard of living after divorce. Any earnings of the party asking for maintenance are subtracted from the amount needed to equal this standard of living.
The need for support is then off-set against the ability of the other party to pay this amount. In this case many factors can be taken into account. For example; How many marital debts are being taken over? What special costs need to be taken into account? Will the spouse asking for support get marital property and funds from the divorce? Is the spouse asking for support able to supplement their income by finding a(nother) job or working more hours?
It needs no further explanation that these questions can lead to protracted discussions and many court cases.
When does the obligation to pay spousal maintenance end?
From 2020, in principle, the maintenance period is equal to half the length of the marriage with a maximum of five years. So, if parties have been married for three years and two months, one year and six months of maintenance is owed. If parties have been married for 11 years the five year period is applicable.
However, there are some exceptions. If the youngest child born to the marriage is under 12 years old, then the maintenance obligation continues past the five year mark until the child has reached their 12th birthday.
If the spouse in need of maintenance is within 10 years of state pension age at the time of divorce and/ or parties have been married for over 15 years, there is also a longer maintenance period applicable (up to a maximum of 10 years).
Are there any exceptions to the period maintenance is owed?
Yes there are.
First of all spouses can agree on a shorter or longer maintenance period.
Secondly, if the spouse receiving maintenance, remarries, enters into a civil partnership or starts to co-habit with a new partner, then the maintenance obligation ceases immediately. However, it is up to the maintenance payer to prove co-habitation, which in many cases is difficult if the other party denies co-habitation. Then often only a costly private detective can provide sufficient proof in a court of law to officially termination maintenance.
Thirdly, under exceptional circumstances a spouce may apply for an extension of the maintenance period. For example, a spouse with a serious handicap that is not able to achieve a basic standard of living without continued support. This request must be put to the courts within three months after the normal maintenance period has ended.
What if my financial circumstances have changed?
Unless agreed otherwise, it is always possible to petition the courts for a revision of maintenance based on change of circumstance. Say that the maintenance payer has lost their job and is no longer able to make payments or the party receiving maintenance now has a better job and is better able to support themselves.
Indexation
Maintenance is indexed in January of every year based on inflation. Unless specifically otherwise agreed, the index is always applicable.
Is maintenance tax deductible?
In The Netherlands child maintenance is no longer tax deductible. Spousal maintenance is fully tax deductible in The Netherlands and is taxed as income for the receiving party.
My spouse has moved to or from The Netherlands and wants maintenance
If your spouse moves to the Netherlands after divorce, the Dutch rules on maintenance will apply. Therefore it is important to seek representation at an early stage to ascertain your rights.
When your spouse moves away from The Netherlands, this may be a reason to petition for a revision of maintenance, as other tax breaks may apply and your spouse’s financial situation may have changed.
How can Bowmer Nuiten Noteboom help you?
We have a team of internationally orientated lawyers that specialise in family law. Whether you are in the process of a divorce or need a recalculation of maintenance obligations, we can advise you and guide you through the process. We appear regularly in court on behalf of local and international clients, but we also offer an alternative method of dispute resolution in the form of mediation.
For more information or queries on this issue, please feel free to contact Maria Bowmer.
For more detailed information on divorce and alimony in The Netherlands, please also consult our partner website Dutch Divorce Lawyer.
