Alimony: everything you need to know – Simmelink

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Alimony

If you get married or enter into a registered partnership, you are legally obliged to support each other financially; we call this the maintenance obligation. If you get divorced or separate at a later time, this maintenance obligation does not lapse. This means that you will continue to be obliged to take care of each other (at least for a number of years). If you have children, you both remain financially responsible for the upbringing and care of the children. This may create an obligation to pay alimony.

For all your questions about alimony, the specialists at Simmelink Law Firm are ready to help:

What is alimony?

Alimony is a regular payment from one ex-partner (the supporting spouse) to the other ex-partner (the dependent spouse). In the Netherlands, we distinguish between two types of alimony: partner alimony and child alimony.

Partner alimony

Spousal maintenance is a financial contribution towards the cost of living from one ex-partner to another ex-partner. The obligation to pay spousal maintenance arises after a divorce or the dissolution of a registered partnership if one of the ex-partners cannot fully support himself.

In most cases, the supporting spouse pays a monthly amount to the dependent spouse for a number of years, but it is also possible to decide in mutual consultation to buy off the maintenance obligation by paying a lump sum. It is also possible to make other payment arrangements.

Calculating partner alimony

The amount of partner alimony depends on the following:

  • The lifestyle during the marriage or registered partnership.
  • What the dependent spouse reasonably needs, in addition to income from work and/or assets.
  • What the (former) spouse liable for alimony can pay (paying capacity)

Child support

Child support is the amount that one parent pays to the other parent after a divorce as a contribution towards the costs of the children. After all, parents remain jointly responsible for the care and upbringing of their children, even if they separate. Also financially. Until your child is 18, you will remain jointly responsible for the costs of care and upbringing, according to your means. In certain situations, you may be obliged to continue to pay the costs of living and study until your child is 21, according to your means.

In most cases, the parent of the child’s primary residence receives child support from the other parent. However, there may also be an obligation to pay alimony in cases of co-parenting.

Calculating child support

The amount of child support depends on the needs of the child. This need depends, among other things, on the net family income before the divorce, the financial capacity of the parents, the number of children in the family, the age of the children and the care arrangement agreed upon in the parenting plan.

Use our free tool to calculate the amount of child support for free

If you would like an initial idea of how much maintenance you should pay or receive, please complete our free calculation tool. In this tool, you will answer various questions about your family situation and the income of you and your ex-partner. You will then immediately receive a general approximation of the amount of child support.

Recalculating alimony

Alimony amounts are often fixed for extended periods. However, a lot can change. For example, perhaps you or your ex-partner has a new job or has been promoted. For example, perhaps you or your ex-partner has a new job or has been promoted. The family situation may have changed due to a new relationship. It is also possible that one of you has your own company and has to deal with fluctuating income. In these cases and more, it may be useful to recalculate the alimony agreement.

We specialize in alimony issues

Alimony disputes often cause a lot of stress. The specialists at Simmelink have a great deal of experience in calculating child and spousal support. We work according to the applicable alimony standards, and we always also look at your personal situation. Our alimony calculations give you a clear insight into how much you have to pay or what you are entitled to. Based on this calculation, you can make agreements with your ex-partner about the amount of alimony, or we can submit a request to the court if you cannot reach an agreement together.

Simmelink Law firm also specializes in international divorces. So even if you or your ex-partner live abroad, have a different nationality, or if there are foreign currencies, income taxes, insurances, and expenses, we can assist you.

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Auteur: Carla Simmelink

Carla Simmelink is advocaat en eigenaar van Advocatenkantoor Simmelink. Haar specialisaties zijn: familierecht, naamrecht en erfrecht in Nederlandse en internationale kwesties. Carla is een betrokken, geïnteresseerde gesprekspartner en gaat voor het beste resultaat. Pragmatisch en doelmatig behartigt zij uw belangen.

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