Alimony

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 for the costs of care and upbringing, and spousal maintenance for the maintenance of the former partner.

The amount is determined by two factors: the need of the recipient and the financial capacity of the payer. This principle is laid down in Article 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 (Article 1:404 Dutch Civil Code).

Established alimony amounts are automatically increased on January 1st with the statutory indexation (Article 1:402a Dutch Civil Code). In 2025, the indexation was 6.5 percent; in 2026, it is 4.6 percent. According to figures from Statistics Netherlands (CBS), over 350,000 households in the Netherlands had an ongoing alimony arrangement in 2024. Read more about the consequences of divorce for children.

When is a parent or former partner liable for 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 (Article 1:404 Dutch Civil Code). The amount of the contribution may vary, 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. Read more about 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, using the NIBUD tables as a source for 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 percent, depending on how much care a parent provides (at least 25 percent of the time for the lowest discount).

The maintenance obligation runs until the child is 18 years old. If the child is studying or does not yet have an independent income after their eighteenth birthday, the obligation can continue until age 21 (Article 1:395a Dutch Civil Code). Read more 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 equal to half the duration of the marriage, with a statutory maximum of five years.

There are three statutory exceptions to the main rule, laid down in Article 1:157 paragraphs 3 to 6 Dutch Civil Code. When the marriage lasted longer than fifteen years and the maintenance creditor reaches the state pension (AOW) age within ten years, the maintenance continues until the AOW. For minor children, the maintenance continues until the youngest child is twelve years old. Transitional law applies to marriages that had already lasted longer than fifteen years on January 1, 2020. Read more on the spousal maintenance page.

How much alimony do I have to pay?

The amount of alimony always follows from a calculation based on need and financial capacity. Judges use the Trema standards (LOVF guidelines) for this, which are published every year by the Alimony Standards Expert Group.

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 calculates with a joint need of approximately €900 to €1,100 per month, divided according to financial capacity. This is a general indication: the outcome in a specific 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 Simmelink files, we see that the calculation becomes more complex with fluctuating income, a private business, or an international situation. For entrepreneurs, the court generally does not determine financial capacity solely based on current income, but also weighs the average profit over several years. In international situations, additional regulations determine which rules apply. In those cases, a customized calculation is advisable before agreements are finalized.

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 (Article 1:395a Dutch Civil Code). Spousal maintenance has a statutory maximum of five years as a general rule since 2020, 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 percent; in 2025, it was 6.5 percent. Without action, the amount increases automatically. Read more about the annual adjustment on the alimony indexation page.

How can alimony be modified or terminated?

An established alimony amount can be modified when circumstances have changed significantly, both shortly after the divorce and years later. The law refers to a “change of circumstances” (Article 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 statutory maximum duration for spousal maintenance.

When partners are unable to reach new agreements together, the court can be requested to redetermine the alimony. Read more on the pages modifying alimony and modifying child support.

Which route fits your situation: 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 they have made in a divorce settlement agreement or parenting plan. The most direct route, which avoids legal proceedings.
• Mediation. A mediator helps partners reach agreements on alimony, the division of care, and assets. Mediation can prevent legal proceedings and gives both partners more control over the outcome.
• Legal proceedings at the court. If the partners cannot reach an agreement, the court can determine the alimony. A petition is filed, the other party may file a defense, and the judge makes a decision following a hearing.

Which route is most appropriate depends on mutual communication, financial complexity, and any international aspects. Read more about applying for alimony.

What is the role of a lawyer in alimony matters?

Alimony is almost always discussed as part of the financial settlement of a divorce. Multiple factors play a role simultaneously: income, housing costs, division of care, and sometimes a business structure or international situation.

A divorce lawyer provides support with:

• assessing the financial situation of both partners;
• preparing an alimony calculation based on the Trema standards;
• recording agreements in a divorce settlement agreement or parenting plan;
• guiding negotiations or a mediation process;
• conducting legal proceedings at the court or in an appeal;
• assessing international jurisdiction and applicable law in cross-border situations.

For an ongoing alimony arrangement where there is doubt as to whether it is still appropriate, an advisory meeting can provide clarity. For those already being assisted by another firm who wish for an independent assessment, a second opinion offers an independent legal judgment. Read more about rates and costs.

Practical examples

Modification for an entrepreneur with fluctuating income

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 generally does not determine financial capacity solely based on current income, but also weighs the average profit over several years and whether there is a realistic business result.

The financial structure was mapped out, the annual accounts for the relevant period were assessed, and a revision calculation was prepared based on the Trema standards. The findings were then introduced into a consultation procedure, with the tax consequences for both parents explicitly included in the consideration.

International situation with spousal maintenance in two countries

The central question was which law applied to spousal maintenance after a divorce where one partner lived in the Netherlands and the other had moved to another EU member state. Under the EU Maintenance Regulation (EC 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.

By first working out the question of jurisdiction and the applicable law, the calculation could take place on the correct basis and the client could make an informed choice as to which procedure was most appropriate. In Simmelink files, we see that this order—first forum, then calculation—is more often decisive for the final outcome than the substantive alimony calculation itself.

Modification years after divorce due to new family situation

The central question was whether the spousal maintenance could be reduced after the paying parent had started a new family and had thereby entered into additional maintenance obligations. A new family situation can constitute a change of circumstances under Article 1:401 Dutch Civil Code, whereby the court also weighs the importance of the existing maintenance obligations.

The financial capacity was re-evaluated, including the relationship between the existing and the new maintenance obligations. Based on that analysis, it was assessed which route was most appropriate, through mutual consultation with the other party or via the court.

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