During a marriage or registered partnership, you and your partner have a legal obligation to support each other. This obligation entails sharing living expenses and any costs related to your children’s upbringing. If you separate, this obligation does not end. Instead, you may be required to continue sharing these costs for several years, depending on your specific situation. f your ex-partner has a higher income than you, you may be eligible to apply for alimony.
Contact the alimony specialists at Simmelink to:
- application and calculation of spousal support
- application and calculation of child support
- request a reduction or increase in alimony
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 in the process of separating and your future ex-partner earns a higher income. This only applies to marriages and registered partnerships. You can apply for alimony before, during or after the divorce proceedings.
If you have one or more children under the age of 18 together, you are likely 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 currently together but planning to separate soon? If so, alimony will be arranged during the divorce proceedings. Your lawyer or mediator will calculate spousal and child support, after which you and your ex-partner can mutually agree on the amounts. If you’re unable to resolve it, you may request the court to determine the alimony amount.
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. If this consultation is unfruitful, or if your ex-partner is uncooperative, then a lawyer can apply to the court for alimony.
Can I apply for alimony without a lawyer?
Generally, it is not possible to apply for or modify alimony retroactively. 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. Occasionally, judges may use the date the petition was filed as the starting date for alimony. The idea behind this is that your ex-partner could consider 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 about 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 can independently apply for child support. The obligation to pay child support ceases when you reach the age of 21. The only exception to this rule is if you have a disability or are unable to provide for yourself for another reason.
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