In brief
What is spousal maintenance?
Spousal maintenance is a contribution toward the living expenses of a former partner who has insufficient income of their own. The law obliges the person liable for alimony to temporarily support the recipient, ensuring a balanced transition to financial independence.
In many cases, this applies to marriages where one partner had less income due to caregiving duties or career interruptions.
Key factors
- Income difference between the former partners
- Need and financial capacity
- Earning capacity and the obligation to make an effort
- Duration of the marriage or registered partnership
- The division of roles during the marriage
- Childcare responsibilities
- Application of Dutch law in a divorce in the Netherlands
How is spousal maintenance determined?
The amount of spousal maintenance is often determined through consultation or via a mediator. If no agreement is reached, the court can determine the alimony at the request of one of the partners.
The court often assesses the needs of the recipient and the financial capacity of the person liable for alimony, while also taking future earning potential into account.
Legal proceedings
- Consultation or mediation – former partners discuss the financial principles.
- Calculation and draft agreements – a lawyer or mediator prepares a calculation according to the Trema standards.
- Recording in a covenant – agreements are included in a divorce settlement agreement.
- Judicial review – if necessary, the court determines the amount and duration of the spousal maintenance.
Duration and termination
The statutory duration of spousal maintenance is in many cases a maximum of twelve years. For short marriages without children, the term may be shorter.
The alimony obligation ends, among other things, upon:
- remarriage, registered partnership, or cohabitation of the recipient;
- financial independence of the recipient;
- the expiry of the agreed or statutory term;
- a change in circumstances that alters financial capacity.
In some situations, the court may terminate or modify the alimony if it is deemed reasonable. This is general information; every situation requires its own assessment.
Would you like to know more about spousal maintenance?
Schedule an appointment with us.
Scenarios
1. Consultation and agreements
In many cases, parties reach clear agreements on alimony with the help of their lawyers. This prevents uncertainty and provides peace of mind.
2. Mediation
A mediator helps in making balanced agreements, with an eye for the interests of both parties and financial feasibility.
3. Legal proceedings
If consultation is unsuccessful, the court can decide on the amount and duration of the alimony. In doing so, the judge weighs factors such as financial capacity, need, and reasonableness.
4. International situations
If one of the partners lives abroad, Dutch law is usually applied if the divorce is registered here.
Based on Brussels II-ter, it is determined which court has jurisdiction and which law applies in international alimony cases.
Practical examples
- In one case, we assisted a client who received temporary spousal maintenance after a fifteen-year marriage while she rebuilt her career.
- Another client requested a reduction of his alimony obligation after his income had structurally decreased; the court assessed the reasonableness of that change.
- In an international divorce between a Dutch and a foreign partner, our lawyers assisted in applying Dutch law according to Brussels II-ter.
Our Attorneys at Law
At Simmelink Lawyers, you work with lawyers who specialize in family law, international family law and inheritance law. We work intensively together on solutions that are legally sound and personally appropriate to your situation.
Carla Simmelink – Family Law Attorney, International Family Law and Inheritance Law
Family Law Attorney, International Family Law and Inheritance Law
Valerie Lingg – Family Law Attorney, International Family Law
Family Law Attorney, International Family Law
Eva Zaunbrecher-Boschloo – Family Law Attorney, International Family Law
Lawyer at Law (International) Family Law
Our lawyers are approachable, respond quickly, and keep you continuously informed about the progress of your case.
Frequently Asked Questions
When is spousal maintenance applicable?
In many cases after a marriage or registered partnership, when one partner has insufficient income of their own to live on.
Often a maximum of twelve years, depending on the marriage and family situation. This is general information, not individual legal advice.
Yes, in the event of a substantial change in income or circumstances, the alimony can be adjusted through consultation or legal proceedings.
Depending on the place of residence and nationality, Brussels II-ter determines which court has jurisdiction and which law applies.
Child support is intended for the costs of the children; spousal maintenance is for the living expenses of the former partner.
