Applying for alimony in the Netherlands – Simmelink

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Applying for alimony

During a marriage or registered partnership, you and your partner have a legal obligation to support each other. This includes sharing the cost of living and any children’s living expenses. If you separate, this obligation does not expire. Instead, you must continue sharing these costs for several years, depending on your situation. If your ex-partner earns a higher income than you, you may be able to apply for alimony.

Contact the alimony specialists at Simmelink to:

Our lawyers have more than 15 years of experience with alimony issues, not only in Dutch family law, but also in cases of international divorces.

When can I apply for alimony?

You can apply for spousal maintenance if you are separating and your future ex-partner has a higher income. This only applies to marriages and registered partnerships. You can apply for alimony before, during or after the divorce proceedings.

Do you have one or more children under the age of 18 together? Then you are probably entitled to child support. You can find a free child support calculator on our website.

How can I apply for alimony?

The answer depends on your situation. Are you still together at the moment but going to break up soon? If so, alimony will be arranged during the divorce proceedings. Your lawyer or mediator will calculate spousal and child support, and then you and your ex-partner can agree on it together. Can’t figure it out? You may ask the court to determine the alimony amount for you.

Are you already divorced and want to apply for alimony? For example, perhaps you now have less income than during the divorce? Or perhaps something else has changed in your or your ex-partner’s situation? Then you can ask a lawyer or mediator to make an alimony calculation and consult with your ex-partner. Does this consultation come to nothing or does your ex-partner not want to cooperate? Then a lawyer can apply to the court for alimony.

Can I apply for alimony without a lawyer?

In principle, if you and your ex-partner can reach agreements together, you do not need a lawyer. However, it is recommended that the calculation be made by a specialized divorce lawyer or mediator.

If you cannot come to an agreement with your ex-partner or if your ex-partner does not cooperate, you must go to court to apply for alimony. In that case, you always need a lawyer.

Can I apply for alimony retroactively?

In principle, it is not possible to apply for or change alimony retroactively. Alimony begins at the time of the court’s decision. However, Judges often deviate from this main rule. Sometimes they use the date the petition was submitted as the starting date for alimony. The idea behind this is that your ex-partner could take into account a (modified) alimony amount from that date. An effective date earlier than the date the petition was filed is very rare.

Can I request a change in alimony?

Yes, if something has changed in your situation or the situation of your ex-partner. In that case, you can have the alimony recalculated and the alimony changed. Read more on our page about recalculating alimony.

Can I apply for child support for myself if I am a child?

Yes, that is possible. If you are between 18 and 21 years old, you may independently apply for child support. The obligation to pay child support ends when you turn 21. The only exception to this is if you have a disability or cannot provide for yourself for another reason.


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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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