In brief
Alimony is a legal maintenance obligation where one partner contributes financially to the living expenses of the other partner or the children after divorce.
- Child support is a contribution toward the costs of care and upbringing of children after divorce. Both parents are always liable for maintenance according to their financial capacity (Art. 1:404 Dutch Civil Code).
- Spousal maintenance is a contribution to the living expenses of an ex-partner who has insufficient income of their own. The maximum duration is five years in many cases.
- The amount is determined based on need, financial capacity, and the division of care for children (Trema standards/LOVF guidelines).
- Established amounts are automatically increased on January 1st by the statutory indexation: in 2026, this is 4.6%.
- When circumstances change significantly, an existing alimony arrangement can be modified through the court or by mutual agreement.
What is alimony?
Alimony is the legal obligation to contribute financially to the maintenance of a former partner or children after a divorce. There are two forms: child support (costs of care and upbringing) and spousal maintenance (maintenance of the former partner).
The amount depends on two factors: the need of the recipient and the financial capacity of the payer. This principle is laid down in Art. 1:397 Dutch Civil Code. For children, it additionally applies that both parents are always liable for maintenance according to their capacity, even after divorce (Art. 1:404 Dutch Civil Code).
Established alimony amounts are automatically increased on January 1st by the statutory indexation (Art. 1:402a Dutch Civil Code). In 2025, the indexation was 6.5%; in 2026, it is 4.6%. You can read more about the consequences for children on the page divorcing with children.
Is a parent obliged to pay alimony?
A parent is legally obliged to contribute to the costs of care and upbringing of his or her children. This obligation applies to both parents, regardless of whether they were ever married or lived together (Art. 1:404 Dutch Civil Code). The amount of the contribution may vary, however, depending on financial capacity and the division of care.
There is no automatic obligation for spousal maintenance. The court assesses whether an obligation arises based on the financial position of both partners. When one partner has insufficient personal income after the divorce to provide for their own maintenance independently, a maintenance obligation can be established.
When a parent liable for maintenance fails to pay, the recipient can engage the Landelijk Bureau Inning Onderhoudsbijdragen (LBIO) for the collection of child support.
What types of alimony are there?
Child support
Child support is the contribution of a parent toward the costs of care and upbringing of children after a divorce. The calculation follows the Trema standards (LOVF guidelines) and proceeds in three steps: determining the child’s need, calculating the financial capacity of both parents, and applying the care discount.
The need is determined based on the former net family income and the number of children. The NIBUD tables provide the corresponding amounts per income and family category. The financial capacity indicates what a parent can afford to pay, taking into account income and fixed expenses. The care discount is 15%, 25%, or 35%, depending on how much care a parent provides (at least 25% of the time).
The maintenance obligation continues until the child is 18 years old. If your child is studying or does not yet have an independent income after their eighteenth birthday, you may remain obliged to contribute until age 21 (Art. 1:395a Dutch Civil Code). More information is available on the child support page.
Spousal support
Spousal maintenance is a contribution toward the maintenance of a former partner who has insufficient personal income after the divorce. Since January 1, 2020, the Spousal Maintenance Revision Act has been in effect: the maximum duration is in many cases equal to half the duration of the marriage, with a maximum of five years.
There are exceptions. When the marriage lasted longer than 15 years and the person entitled to alimony reaches the state pension (AOW) age within 10 years, the alimony continues until the state pension age. If there are minor children, the alimony continues until the youngest child turns 12. These exceptions are set out in Art. 1:157 paragraphs 3 to 6 Dutch Civil Code.
More information, including calculation and duration, can be found on the spousal maintenance page.
How much alimony do I have to pay?
The amount of alimony is not the same for everyone: the amount always results from a calculation based on need and financial capacity. Judges use the Trema standards (LOVF guidelines) for this, which are republished every year.
For child support, the NIBUD tables determine the child’s need based on the former net family income. A family with a net monthly income of €4,000 and two children typically calculates with a joint need of approximately €900–€1,100 per month, divided according to financial capacity. This is a general indication; the outcome in your situation may be higher or lower. For spousal maintenance, the standard of living during the marriage is considered, alongside the income and fixed expenses of both partners.
In the case of fluctuating income, a private business, or an international situation, an alimony calculation is more complex. In those cases, have a specialized lawyer prepare a calculation before you finalize any agreements. More information about the steps and factors can be found on the calculating alimony page.
How long does the alimony obligation last?
The duration of alimony varies by type. Child support generally runs until the child is 18 years old and can continue until 21 if the child is studying or does not yet have an independent income (Art. 1:395a Dutch Civil Code). Spousal maintenance has a statutory maximum of five years in most cases, with the exceptions described under spousal maintenance above.
Established amounts do not remain static: they are indexed every year on January 1st. In 2026, the statutory indexation is 4.6%; in 2025, it was 6.5%. If you take no action, the amount increases automatically. You can read more about the annual adjustment on the alimony indexation page.
Modifying or terminating alimony
An established alimony amount can be modified when circumstances have changed significantly. This applies both shortly after the divorce and years later. The law refers to a ‘change of circumstances’ (Art. 1:401 Dutch Civil Code). Common grounds include:
- loss of employment or a significant drop in income for the payer
- a significant increase in income for the payer
- change in the care arrangement for children
- a new family situation or remarriage of the recipient
- reaching the maximum duration for spousal maintenance
When partners cannot reach new agreements together, the court can be asked to re-establish the alimony. More information is available on the pages modifying alimony, modifying child support, and terminating alimony.
How is alimony arranged: consultation, mediation, or court?
Alimony can be arranged in three ways, depending on the extent to which partners can reach agreements together.
- Agreements through mutual consultation. Partners record the agreements made in a divorce settlement (convenant) or parenting plan. This is the most direct route and avoids legal proceedings.
- Mediation. A mediator guides partners in making agreements about alimony, division of care, and assets. Mediation can prevent legal proceedings and gives both partners more control over the outcome.
- Legal proceedings at the court. When partners cannot agree, the court can establish the alimony. A petition is filed, the other party can file a defense, and the judge decides after a hearing.
Which route is most appropriate depends, among other things, on your mutual communication, financial complexity, and any international aspects. You can read more about applying for alimony on the applying for alimony page.
The role of a lawyer in alimony matters
Alimony is usually discussed as part of the financial settlement of a divorce. Multiple factors often play a role simultaneously: income, housing costs, division of care, and sometimes a business structure or international situation.
A divorce lawyer can assist with:
- assessing the financial situation of both partners
- preparing an alimony calculation based on the Trema standards
- recording agreements in a divorce settlement or parenting plan
- guiding negotiations or a mediation process
- conducting legal proceedings at the court
- assessing international jurisdiction and applicable law in cross-border situations
If you already have an alimony arrangement but doubt whether it still fits your current situation, we would be happy to discuss this with you in an advisory meeting.
Practical examples
Modification for entrepreneurs
The central question was whether an established child support amount could be revised after the paying parent had started a sole proprietorship and his income had consequently become less predictable. For entrepreneurs, the court does not determine financial capacity solely based on current income, but also looks at the average profit over several years and whether there is a realistic business result.
We mapped out the financial structure, assessed the annual accounts over the relevant period, and prepared a revision calculation based on the Trema standards. The findings were subsequently introduced into a consultation procedure.
International situation
The central question was which law applied to spousal maintenance after a divorce where one partner lived in the Netherlands and the other partner had moved to another EU member state. Under the EU Maintenance Regulation (No. 4/2009) and the 2007 Hague Maintenance Protocol, the applicable law in these types of situations is determined by the habitual residence of the maintenance creditor, unless a choice of law has been made.
We determined which court had jurisdiction and which law applied, so that the client knew on what basis the calculation would take place and which procedure was most appropriate.
Modification years after divorce due to new family situation
The central question was whether spousal maintenance could be reduced after the paying parent had started a new family and thereby entered into additional maintenance obligations. A new family situation can constitute a change of circumstances under Art. 1:401 Dutch Civil Code, but the court also weighs the interest of the existing alimony obligations. We re-mapped the financial capacity, including the relationship between the existing and new maintenance obligations, and assessed which route was most appropriate.
Content verified by the team at Simmelink Lawyers, specialized in family law.
Our Attorneys at Law
At Simmelink Lawyers, you work with lawyers specialized in family law, international family law, and inheritance law. We work intensively together on solutions that are legally sound and do personal justice to your situation.
Carla Simmelink – Family Law Attorney, International Family Law and Inheritance Law
Family Law Attorney, International Family Law and Inheritance Law
Valerie Lingg – Family Law Attorney, International Family Law
Family Law Attorney, International Family Law
Eva Zaunbrecher-Boschloo – Family Law Attorney, International Family Law
Lawyer at Law (International) Family Law
Clients are guided by a dedicated lawyer who oversees the entire file and communicates discreetly.
Do you have questions about alimony in your divorce? We would be happy to think along with you in a consultation.
Are you exploring your options regarding alimony but do not yet have an active file? Read more about the consultation at Simmelink Lawyers. It is an accessible first step to discuss your situation.
Frequently Asked Questions
No. Whether an alimony obligation exists depends on the circumstances. For children, a maintenance obligation almost always applies, but the amount can vary greatly depending on financial capacity and the division of care. For spousal maintenance, the court assesses whether an obligation arises based on the financial position of both partners.
The amount of alimony always follows from a calculation based on the Trema standards (LOVF guidelines). For child support, the NIBUD tables and the former net family income are the starting points. For spousal maintenance, the standard of living during the marriage and the financial capacity of both partners play a role. The final contribution always depends on your specific income, expenses, and family situation; a customized calculation provides clarity.
In many cases, a maximum duration of five years applies (half the duration of the marriage). There are statutory exceptions, including for a long marriage in combination with approaching the state pension age, or when there are minor children. This main rule and the exceptions are laid down in Art. 1:157 Dutch Civil Code. The exact duration depends on the specific circumstances of the case.
Yes. When circumstances have changed significantly, alimony can be re-established (Art. 1:401 Dutch Civil Code). This means that the situation has demonstrably changed compared to the previous agreements, for example due to job loss, a different care arrangement, or a new marriage. This can be done through mutual consultation or via the court. More information is available on the modifying alimony page.
In international situations, questions may arise regarding which court has jurisdiction and which law is applicable. This depends, among other things, on the place of residence of the parties, their nationality, and international regulations such as the EU Maintenance Regulation (No. 4/2009) and the 2007 Hague Maintenance Protocol. In an international situation, a customized approach is required: a lawyer assesses per case which court has jurisdiction and which law applies.
Do you have a question about alimony? Contact us and discuss your situation with one of our lawyers.
