Alimony indexation

What is the alimony indexation for 2026?

The alimony indexation for 2026 is 4.6% and was published in the Government Gazette on November 19, 2025. The percentage is determined annually by the Minister of Justice and Security based on statutory wage developments. As of January 1, 2026, the increase applies by operation of law to both child support and spousal maintenance established by a court or recorded in a settlement agreement.

The indexation follows the statutory modification factor, which is set annually by the government based on wage trends. In 2025, the indexation was 6.5%, and in 2024, it was 6.2%. The percentages are recalculated every year and can therefore vary significantly from year to year.

Statutory indexation applies by operation of law, unless the parties have made other written agreements or the court has excluded indexation.

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How is alimony indexation calculated?

The calculation of indexed alimony is straightforward: multiply the current amount by the indexation percentage and add the result to the existing amount.

Calculation example for child support (2026 indexation = 4.6%):

• Current child support: €450 per month
• Increase: €450 x 4.6% = €20.70
• New amount as of January 1, 2026: €470.70 per month

Calculation example for spousal maintenance (2026 indexation = 4.6%):

• Current spousal maintenance: €900 per month
• Increase: €900 x 4.6% = €41.40
• New amount as of January 1, 2026: €941.40 per month

The calculation is identical for child support and spousal maintenance. Different amounts may arise if a custom indexation formula was agreed upon in the settlement. In such cases, please consult the text of your settlement agreement.

Does indexation apply automatically, or do I have to request it?

The indexation of alimony applies automatically and by operation of law pursuant to Art. 1:402a of the Dutch Civil Code. The person liable for alimony is obliged to implement the increase on January 1, even without an explicit request from the recipient. If the payer fails to apply the indexation, an enforceable arrear is created.

In practice, the increase is not always implemented spontaneously. This may be due to a lack of knowledge regarding the rules, but also due to the financial circumstances of the paying party. If you do not receive the increase, you have the right to claim it retrospectively.

Exception: parties may agree in writing in the divorce settlement that the statutory indexation scheme does not apply. In that case, the agreements in the settlement prevail. Check your settlement carefully if you are in doubt.

What if the other party has not implemented the indexation?

If the person liable for alimony has not applied the annual indexation, the missed increase can be claimed for up to five years back (Art. 3:308 of the Dutch Civil Code). The arrears are calculated by determining the difference between the amount paid and the indexed amount for each year and summing those amounts. Older arrears are, in principle, time-barred and no longer enforceable.

Retroactive effect and statute of limitations

The claim for payment of non-indexed alimony generally expires after five years. Overdue indexations from the past five years can usually still be claimed. Older overdue amounts fall outside the limitation period unless the limitation period was timely interrupted.

If you have not received indexation for several years, it is advisable to map out the arrears before approaching your former partner. A legal overview prevents discussion regarding the total amount claimed.

What can you do?

1. Calculate the indexed amounts per year based on the established percentages.
2. Send the person liable for alimony a written notice specifying the arrears per year and requesting payment within a reasonable period.
3. If payment is not forthcoming, collection via the LBIO (Landelijk Bureau Inning Onderhoudsbijdrage) may be considered, provided the conditions for their involvement are met.
4. Consult a lawyer if the other party disputes the claim or if other alimony issues are involved.

A consultation with a family law attorney will quickly provide insight into the feasibility and the route to be followed. Simmelink Lawyers discusses your situation at an hourly rate, without further obligations.

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Is indexation the same as modifying alimony?

Indexation and alimony modification are two separate legal routes. Indexation is an automatic annual adjustment of the existing amount based on wage developments, without the underlying situation changing. An alimony modification requires a legal procedure due to changed circumstances and can lead to an increase, decrease, or termination of the alimony (Art. 1:401 of the Dutch Civil Code).

Different criteria and terms apply to modifying child support or spousal maintenance than to indexation. Both routes can run concurrently: the automatic indexation continues while a modification request is being processed.

Alimony indexation percentages in recent years

The national government sets the indexation percentage annually based on the increase in contract wages. The percentage is usually announced in October and takes effect on January 1 of the following year.

The percentages can be consulted via rijkoverheid.nl and are published annually in the Government Gazette.

From practice: missed indexation over several years

The central question in this case was whether missed child support indexation over a four-year period could still be claimed. The person liable for alimony had not implemented the annual increases, and no written agreement regarding this had been made in the settlement. The recipient became aware of this after checking the amounts paid.

The legal context was initially unclear regarding the limitation period: were all four years still claimable, or was a portion time-barred? After studying the settlement and the payment history, it was determined that the claim for three of the four years fell within the limitation period.

The approach focused on an accurate calculation of the arrears per year, a written notice of default, and a proposal for a payment arrangement. No dispute arose regarding the amount claimed.

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