Alimony indexation 2026

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 wage developments, in accordance with Article 1:402a of the Dutch Civil Code. 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 adjustment factor, which is determined annually by the government based on the increase in contract wages in the preceding year. The percentages are recalculated annually and can therefore vary significantly: from low during limited wage development to substantially higher in years with strong wage increases.

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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. The calculation is identical for child support and spousal maintenance.

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

Deviating amounts arise when a custom indexation formula has been agreed upon in the settlement agreement or when the court has established a specific calculation method. In such cases, consult the text of the settlement agreement or the court order.

Alimony indexation percentages in recent years

The national government sets the indexation percentage annually based on the increase in contract wages. The percentage is announced in November of the preceding year and takes effect on January 1. For calculating overdue indexation, the five-year period is relevant, as Article 3:308 of the Dutch Civil Code stipulates a five-year limitation period for periodic claims.

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

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

The indexation of alimony applies automatically and by operation of law pursuant to Article 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 Simmelink files, we see that the increase is not always implemented spontaneously. This may be due to unfamiliarity with the rules, administrative negligence, or the financial circumstances of the paying party. Anyone who does not receive the increase has the right to claim it retrospectively.

Does indexation differ between child support and spousal maintenance?

Yes. Although Article 1:402a of the Dutch Civil Code formally applies to both forms, there is an important legal difference regarding the possibility of exclusion:

• Child support.
  Indexation is mandatory in nature and cannot be excluded by agreement. The child’s interest in inflation-adjusted support outweighs the parents’ freedom of contract.
• Spousal maintenance.
  In principle, indexation is also mandatory, but parties can expressly agree in writing in the divorce settlement agreement that the statutory indexation does not apply, or they can agree on a different indexation formula.

In practice, when dealing with disputes over the exclusion of indexation, courts weigh three factors: whether the agreement was recorded in writing and expressly, whether both parties were aware of the consequences at the time of signing, and whether the exclusion does not lead to an unreasonable financial imbalance. A verbal agreement or a general reference is rarely sufficient to set aside the statutory indexation.

What if the other party has not implemented the indexation?

When the person liable for alimony has not applied the annual indexation, the missed increase can be claimed up to five years back based on Article 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 totaling the annual amounts. Older arrears are, in principle, time-barred and no longer enforceable, unless the limitation period was stayed in time.

Staying the limitation period

The limitation period for a claim for overdue alimony can be stayed by a written demand or notice in which the creditor unequivocally reserves their right to performance (Article 3:317 of the Dutch Civil Code). A registered letter is the safest form for evidentiary purposes. After staying the limitation, a new five-year limitation period begins to run. Timely staying is therefore important if you have more than a few years of arrears and the limitation period is approaching.

Practical steps for a claim

• Calculate the indexed amounts per year based on the statutory percentages.
• Send the person liable for alimony a written notice specifying the arrears per year and requesting payment within a reasonable period.
• If payment is not forthcoming, collection via the LBIO may be considered if the conditions for their involvement are met (alimony established by a court or recorded in a notarial deed).
• Consult a lawyer if the other party disputes the claim or if other alimony issues are involved.

In Simmelink files, we see that a precisely drafted annual overview with substantiation per indexation percentage leads to quick payment more often than a general claim, because the other party can immediately verify the calculation, thereby preventing discussion about the amount.

Indexation or modification of alimony?

Indexation and modification of alimony are two separate legal routes with different criteria.

• Indexation.
  An automatic annual adjustment of the existing amount based on wage developments, without the underlying situation of the parties changing. No procedure required.
• Modification of alimony.
  A legal procedure due to changed circumstances, based on Article 1:401 of the Dutch Civil Code. It can lead to an increase, reduction, or termination of alimony and requires at least a substantial change in income, family situation, or care distribution.

Both routes can run simultaneously: the automatic indexation continues while a modification request is being processed by the court. Read more about modifying alimony, modifying spousal maintenance and modifying child support.

Indexation in international situations

The indexation obligation of Article 1:402a of the Dutch Civil Code applies to alimony under Dutch law. In international situations, for example when an ex-partner lives abroad or when alimony has been established by a foreign court, the competent court and the applicable law must be assessed separately. A Dutch procedure does not automatically lead to the application of Dutch law.

Within the EU, the 2007 Hague Maintenance Protocol determines the applicable law, and the EC Maintenance Regulation (EC No. 4/2009) governs jurisdiction and the cross-border recognition of maintenance decisions. Outside the EU, other treaties apply, and the recognition of a Dutch court order abroad is a separate point of attention. In files with an international component, we see that the choice of applicable law is more often decisive for the level of indexation than parties anticipate: not all legal systems have a comparable automatic annual indexation. Read more about international family law.

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.

Practical examples

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 agreement. The recipient only became aware of the arrears after checking the amounts paid.

The legal analysis focused on the five-year limitation period (Article 3:308 of the Dutch Civil Code): were all four years still claimable, or was a portion time-barred? After studying the settlement agreement 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 a precise calculation of the arrears per year, a written notice of default with a stay of the limitation period, and a proposal for a payment arrangement. No dispute arose regarding the amount of the claimed sum.

Exclusion of spousal maintenance indexation in settlement agreement

A recipient ex-partner discovered after several years that her spousal maintenance had not been indexed and turned to us with the question of whether she could still claim the missed indexation. The divorce settlement agreement contained a passage about indexation, but the wording was not unambiguous.

The legal assessment focused on the rule of interpretation: was the agreement sufficiently explicit to exclude statutory indexation, or did the wording leave room for the application of Article 1:402a of the Dutch Civil Code? After analyzing the text, the exclusion proved to be insufficiently specifically formulated to set aside the statutory indexation. The recipient was able to claim the missed indexation over the past five years, supported by the legal distinction between a general clause and an express exclusion.

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