Applying for alimony

When can you apply for alimony?

A maintenance obligation does not arise automatically in every situation. Whether you are entitled to alimony depends on the circumstances of your case.

Child support

Both parents remain responsible for the costs of care and upbringing of their children after a divorce. In many cases, the parent with whom the children stay less frequently pays a financial contribution to the other parent. Child support can be applied for as soon as parents separate and there are minor children.

The amount of the contribution is determined based on the Trema standards, looking at the income of both parents, the needs of the children, and the care distribution. For an initial indication, you can use the calculate child support page.

Spousal support

Spousal maintenance can be applied for if you were married or had a registered partnership, are separating, and your ex-partner has a higher financial capacity than you. In many cases, a maximum duration of five years applies. Depending on the circumstances, exceptions may apply, for example, in the case of a long marriage or when caring for young children.

What is the procedure for applying for alimony?

The route you follow depends on the situation and the extent to which you can reach agreements together.

1. Mutual consultation

In many cases, partners first try to make agreements about alimony together. These agreements are recorded in a covenant or parenting plan. A lawyer can assist in drafting a legally correct arrangement and calculating a reasonable contribution.

2. Mediation

When mutual consultation proves difficult, mediation can offer a solution. A mediator guides both parties in making agreements about alimony, care distribution, and assets. Mediation can prevent legal proceedings and often leads to sustainable agreements.

3. Legal proceedings

If the parties cannot reach an agreement, the court can be asked to establish the alimony. A lawyer submits a petition to the court for this purpose. The court then organizes a hearing, after which the judge decides on the amount and duration of the alimony. A lawyer is mandatory for legal proceedings in court.

The role of a lawyer when applying for alimony

In alimony matters, multiple interests often play a role simultaneously: the income of both parties, the care distribution, fixed costs, and sometimes also corporate structures or international elements. A divorce lawyer maps out the full situation and guides you through:

• calculating a reasonable contribution based on current standards
• drafting agreements in a covenant or parenting plan
• conducting negotiations with the other party
• submitting a petition to the court if necessary
• applying for a modification in the event of changed circumstances

Which approach is appropriate always depends on the circumstances of your case. In many situations, it can first be explored whether agreements are possible before starting legal proceedings.

Are you still orienting yourself? Read more about the consultation at Simmelink Lawyers — a first step to discuss your situation without immediately starting legal proceedings.

Example from practice

In one case, we assisted a client in applying for child support after a divorce where the financial situations of both parents differed significantly. There was a dispute regarding the level of the other parent’s income and the distribution of care costs.

An important part of the guidance was carefully mapping out the financial capacity of both parties and the needs of the children based on the applicable alimony standards. Special costs such as childcare and school fees were also taken into account.

Based on the collected data, it became clear which legal route was most appropriate in this situation and what steps were required for it.

Content verified by the team at Simmelink Lawyers, specialized in family law.

Content verified by the team at Simmelink Lawyers, specialized in family law.