Modifying alimony after divorce

When can alimony be modified?

Alimony can be modified when circumstances have changed substantially compared to the situation on which the original order or agreement was based. The legal basis is Article 1:401 of the Dutch Civil Code. The court tests whether the change is structural and affects the payer’s financial capacity or the recipient’s need.

Common grounds for modification:

• Change in income. A significant decrease in income due to unemployment, disability, or business loss. Or a significant increase due to promotion, a new job, or business results.
• Change in care distribution. A changed distribution of care for the children, for example due to a shift to co-parenting or a change in primary residence.
• New family situation. Remarriage of the recipient terminates the spousal maintenance obligation by operation of law (Article 1:160 of the Dutch Civil Code). A new family for the payer can affect financial capacity due to additional maintenance obligations.
• Reaching maximum duration. Since January 1, 2020, a maximum duration of five years or half the duration of the marriage applies to spousal maintenance, with exceptions for long marriages and young children (Spousal Maintenance Revision Act).
• Cohabitation as if married. Cohabitation of the alimony recipient with a new partner as if they were married terminates the spousal maintenance obligation (Article 1:160 of the Dutch Civil Code).

In Simmelink files, we see that evidence in the event of a change in income is often more decisive than the legal qualification alone: annual accounts, salary slips, income tax returns and, for entrepreneurs, a multi-year overview of business results. A demonstrable average over several years carries more weight than a snapshot of a single year.

How does the modification procedure work?

The modification procedure takes place in four steps, depending on the degree of agreement between ex-partners.

1. Mutual consultation or mediation

When ex-partners can agree on the changed situation, they can make new agreements through mutual consultation or via a mediator. These are recorded in a new covenant or an addendum to the existing arrangement. This is the fastest and cheapest route and avoids court proceedings.

2. Legal assessment and recalculation

When consultation does not lead directly to agreements, a lawyer can draw up a new alimony calculation based on the Trema standards. This recalculation serves as substantiation for further consultation or, in the absence of agreement, for the petition to the court.

3. Petition to the court

In the case of a previous court order, a new petition is required if ex-partners cannot reach an agreement. The lawyer submits the request to the court in the defendant’s place of residence. The other party is given the opportunity to submit a statement of defense, after which the court assesses the changed circumstances and, if necessary, re-establishes the alimony.

4. Order and execution

The modified alimony applies from a date determined by the court, often the date the petition was filed. Timely filing is important to achieve adjustment with retroactive effect: late filing can result in the old alimony remaining due for the intervening period.

What specifically applies to modifying spousal maintenance?

Modifying spousal maintenance has its own legal grounds that are separate from child alimony. In addition to the general ground for modification in Article 1:401 of the Dutch Civil Code, specific provisions apply regarding duration and termination.

Since January 1, 2020, the Spousal Maintenance Revision Act has applied to new spousal maintenance obligations: a maximum of five years or half the duration of the marriage, with exceptions for marriages longer than fifteen years in combination with the approaching state pension (AOW) age, and for minor children 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. Learn more about spousal support.

In practice, when considering requests to modify spousal maintenance, judges weigh three factors: the demonstrability of the changed circumstances, the extent to which the change is structural, and the balanced relationship between the changed need and financial capacity. A temporary dip in income is rarely sufficient for modification; a demonstrably structural drop in income often is.

What specifically applies to modifying child alimony?

In the case of child alimony, the best interests of the child are paramount. The court applies the Trema standards (LOVF guidelines) and weighs the financial capacity of both parents, the child’s needs according to the NIBUD tables, and the care discount of fifteen, twenty-five, or thirty-five percent based on the actual distribution of care.

The statutory maintenance obligation runs until the child is eighteen years old, with an extension to twenty-one years in the event of studies or no independent income (Article 1:395a of the Dutch Civil Code). Modification can also be prompted by a change in the child’s needs, for example in the event of a move, a new school, or special care costs. Read more about modifying child alimony.

What does an alimony modification procedure cost?

The costs of a modification procedure consist of the lawyer’s fee and the court fee (griffierecht). The 2026 court fee for a petition in alimony cases is €341 for individuals with an income above the legal aid threshold; for lower incomes, a lower court fee or possibly funded legal aid via the Legal Aid Board (Raad voor Rechtsbijstand) applies.

Lawyer costs depend on the complexity of the case and the degree of agreement. In the case of a mutual arrangement with legal assessment and recording, the costs are lower than in a court procedure. For entrepreneurs, international aspects, or complex care distributions, costs increase due to additional analyses. Read more about rates and costs.

How does modifying alimony work in international situations?

In international situations, two independent questions arise: which court has jurisdiction, and which law applies to the alimony. The EC Maintenance Regulation (EC No. 4/2009) determines jurisdiction within the EU; for the applicable law, the 2007 Hague Maintenance Protocol applies. The habitual residence of the alimony recipient is decisive.

In files with an international component, we see that the choice of forum is more often decisive for the final outcome than the substantive calculation: different legal systems have varying rules for maximum duration, indexation, and the effects of cohabitation. An initial legal analysis of jurisdiction and applicable law prevents a modification procedure from being started in the wrong country.

Practical examples

Income drop after dismissal

A client lost his job and could no longer pay the established spousal maintenance of €1,800 per month. The financial situation had changed structurally compared to the original order, with a new job at a significantly lower salary level.

The legal assessment focused on whether there was a substantial change within the meaning of Article 1:401 of the Dutch Civil Code, and what substantiation was needed to support the modification through the court. A recalculation according to the Trema standards, with salary slips, income tax returns, and the employment contract as evidence, formed the basis of the modification request. The adjusted alimony was granted with retroactive effect to the date of filing.

Modification of care distribution to co-parenting

A parent with a primary residence arrangement wanted to move to equal co-parenting, where the children would stay with both parents for approximately the same amount of time. The existing child alimony was tailored to the old care distribution.

The legal elaboration focused on the application of the care discount according to the Trema standards and the consequences for meeting the child’s needs. With the help of mediation, new agreements were recorded in a modified parenting plan, without court intervention. The adjusted child alimony reflected the new care discount of thirty-five percent.

New family situation and additional maintenance obligation

A paying ex-partner started living with a new partner and had a child from that relationship. The additional maintenance obligation towards the new child affected the available financial capacity for the existing spousal maintenance.

The legal assessment focused on the balance between existing and new maintenance obligations, in accordance with established case law in which the interests of all maintenance creditors are weighed. A recalculation of the financial capacity, with the additional obligation explicitly included, formed the basis for a request to reduce the spousal maintenance.

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