What is spousal support?

Spousal support, or partner alimony, is a financial contribution towards the cost of living from one ex-partner to another. 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.

When am I entitled to spousal support?

You are entitled to spousal maintenance if you are unable to support yourself after your divorce. For example, you may be entitled to spousal maintenance if you do not work much or at all and need financial help to take care of your children.

Is spousal support mandatory?

After a divorce or the dissolution of a registered partnership, spousal maintenance is mandatory if one of the ex-partners has too little income to provide for his/her livelihood. However, in general, it is not mandatory if you lived alone, unless you made other arrangements about this in a cohabitation contract.

Do I also have to pay spousal support if I was not married?

Were you not married? If you were not married, whether you are required to pay spousal maintenance depends on several factors. If you were in a registered partnership, the same rights and obligations apply as with a marriage. Dan gelden dezelfde rechten en plichten als bij een huwelijk. Therefore, you must pay spousal maintenance if your ex-partner is unable to support himself/herself. If you lived together, you usually do not have to pay spousal maintenance unless you have made arrangements about this in a cohabitation contract. If you did not live together, you do not have to pay partner alimony. Dan hoeft u geen partneralimentatie te betalen.

Can I buy off partner alimony?

To avoid having to pay your ex-partner monthly partner alimony for years to come, it may be an option to buy off the spousal alimony. In exchange for money or a higher share in the asset division, your ex-partner will waive spousal maintenance. If you are liable for alimony, this arrangement may be beneficial. Dan kan dit voordelen opleveren. But it also entails risks. If your ex-partner starts living with or marries a new partner or generates sufficient income to provide for his or her living expenses, the alimony obligation will lapse. If you have paid off the alimony, you will not get a refund of the overpaid amount.

Our advice is to always seek advice before agreeing to this. We would be happy to walk you through your specific situation.

Can I refuse to pay spousal support?

You and your ex-partner can jointly agree to waive spousal maintenance, for example, if you both have sufficient income and do not want to be financially dependent on each other. If you have a maintenance obligation, you cannot refuse it unless your ex-partner agrees. It is impossible to waive spousal maintenance if the person entitled to maintenance has to apply for social assistance as a result. In that case, part of the payment may be recovered by the municipality from the person liable for maintenance, or it may not be paid to the person who is to receive maintenance.

How is the amount of partner alimony calculated?

You can make agreements with your ex-partner about the level of spousal maintenance. These agreements are usually made in consultation with a mediator or lawyer. If you cannot come to an agreement, the court will calculate the amount of spousal maintenance on the basis of so-called Trema Normen. 

When calculating the amount of partner alimony, it is important to take several factors into account. These are also the factors judges take into account when calculating or checking alimony amounts.

• The amount of spousal maintenance must be high enough for your ex-partner to provide for his or her living expenses.
• As a person liable for maintenance, you must also be able to provide for your own living expenses. This is called carrying capacity.
• Prosperity during the marriage should be taken into account. With a higher wealth, the alimony will also be higher.
• The financial and social circumstances of both ex-partners must be taken into account.

In principle, wages increase every year, and so does the cost of living (inflation), so spousal maintenance is also increased annually. This is known as indexing. To this end, each November, the government sets the percentage by which the current alimony must be adjusted in January of the following year. 

How long do I have to pay partner alimony?

The duration of spousal maintenance is set by law. Het recht op partneralimentatie vervalt wanneer de alimentatiegerechtigde:

• Has a relationship change, i.e., lives with, gets married to, or enters into a registered partnership with a new partner.
• Generates enough income to support himself or herself.
• Dies.

The alimony also lapses if the person liable for alimony dies.

Sometimes there may be a reason to increase or decrease alimony. In this case, it is wise to first have a recalculation made and then, based on that calculation, consult with your ex-partner. If you cannot come to an agreement, the court will rule on it. This would require a lawyer.

The duration of partner alimony depends on a number of things: your age, when you got married, when you divorced and whether you have children. The following applies: 

Were you divorced before 1 January 2020 and: 

• Did your marriage last longer than 5 years? Then the maximum maintenance period is 12 years. 
• Did your marriage last less than 5 years and you do not have children together? Then the duration of alimony is equal to the duration of the marriage. 

Were you divorced after 1 January 2020 and: 

• Do not have children together? Then the duration of partner alimony is half the duration of the marriage, with a maximum of 5 years.
• Do you have children together? In that case, spousal maintenance will continue until the youngest child turns 12. 
• Have you been married for more than 15 years and you will reach retirement age within 10 years? Then the spousal maintenance will stop when the pension starts.
• Have you been married for more than 15 years and were you born on or before 1 January 1970? Then the alimony duration is a maximum of 10 years.

How do I avoid overpaying spousal alimony?

You and your ex-partner can make agreements about the level of spousal maintenance, possibly with the help of a lawyer or mediator. In doing so, you can keep in mind that you will not overpay spousal support. Are your ex-partner and you not getting along? The court will determine the amount if you and your ex-partner cannot agree. The judge does this on the basis of guidelines called Trema Normen. 

Have you been paying alimony for some time and has the situation changed, causing you to pay too much spousal alimony? For example, has your ex-partner’s income increased or has your income decreased? You can do a recalculation and make new arrangements with your ex-partner. Record this in a new agreement  or amended covenant. However, if you are unable to come to a new agreement together or your ex-partner disagrees with the changed situation, go to a lawyer.   Then go to a attorney at law. The lawyer will also try to make new arrangements with your ex-partner. If that doesn’t work, the lawyer will assist you in taking the matter to court. First, the lawyer will check whether the change is such that the court will take your case. The judge will look at your capacity and at what your ex-partner needs. It is crucial that it is not your fault your capacity has been reduced. For example, if you have decided to work less or to stop working? A judge will not agree with the adjustment of the partner alimony and the original amount will remain.

Is alimony deductible?

If you pay spousal maintenance, this amount is deductible for income tax purposes. But please note, if you earn € 68,507 or more, you can deduct less and less spousal maintenance. Then, since 2020, you can deduct less and less spousal support from your taxes. Starting in 2023, spousal maintenance will be deductible at a rate of 37.05%.

Can I stop spousal support if my ex has a new partner?

Has your ex-partner a new relationship? The alimony obligation still applies. So in that case, you cannot stop paying spousal support. However, the right to spousal maintenance does lapse if your ex-partner starts living with, gets married to, or enters into a registered partnership with a new partner. Then, you can then stop paying partner alimony. If your ex-partner denies that he/she lives with a new partner, it is up to you to prove the case.

What if my ex-partner stops paying alimony?

If your partner stopped paying alimony. You can ask the LBIO – Landelijk Bureau Inning Onderhoudsbijdragen (National Bureau for Collection of Maintenance Contributions) for help under the following circumstances:

• The court has determined spousal support.
• There are at least 1 month’s payment arrears.
• At least € 10 has not yet been paid.
• The backlog is no older than 6 months.
• Your ex-partner knows which account number the alimony should be transferred to.

The LBIO will collect the alimony from your ex-partner and pay it to you. For this purpose, the LBIO has the option, for example, of garnishing your ex-partner’s salary. Of course, costs are incurred for this. These costs will be recovered from your ex-partner. If you have written agreements about partner alimony and your ex-partner does not pay, make sure these agreements are recorded in court.