Divorce in the Netherlands

Dutch Law and Spousal Maintenance

If you are living (temporarily) in the Netherlands and separate from your partner, you can usually file for divorce in the Netherlands. In case of divorce, there are several topics that need to be settled. These include agreements regarding children, division of assets and pension, and the possibility of spousal support.

Not every country has the same concept of partner -alimony. In Scandinavian countries for example, partner alimony isn’t commonplace. However, if you divorce in the Netherlands and both parties live in the Netherlands, one party may have to pay partner alimony. In that case, partner maintenance works as follows.

In principle, if the person entitled to partner alimony lives in the Netherlands, Dutch law applies to partner alimony. The idea behind partner maintenance is that when you were together, wealth was shared; the income you earned and the money you spent together was joint. After divorce, Dutch law stipulates that both partners be allowed to enjoy the same wealth by paying/receiving spousal support. This applies even if the couple’s country of origin does not have spousal support or uses a different partner alimony system.

The aforementioned rule about Dutch law applying to spousal -support is subject to a number of exceptions. It is important to mention that if, after the divorce, the alimony recipient decides to move back to, for example, the country of origin, from that moment onwards, Dutch law will no longer apply to spousal support, but the law of the country to which the recipient is moving.

Partner alimony under Dutch law is calculated as follows: First, the marriage-related need is determined by the amount of income when the couple was together or how money was spent together. Next, the income the alimony recipient currently has or is deemed capable of having (earning capacity) is deducted from this need. Suppose the marriage-related need is € 3,000 per month and the alimony recipient has their own income of € 1,200 per month. An additional need of €1,800 net per month remains. It is then considered to what extent the alimony payer is able to meet the additional need (financial capacity). If the alimony payer has a financial capacity of €1,000 net per month, then the spousal support is €1,000 per month. If the alimony payer has a financial capacity of €2,000 net per month, then the amount of contribution is capped at the additional need of €1,800 per month. In short, the lowest amount that follows from the above calculation is the amount of spousal support to be determined.

Finally, an income comparison is carried out, looking at whether the maintenance recipient (after receiving the contribution) does not have more income than the maintenance recipient. If that is the case, the amount of alimony is set lower so that both parties have the same amount to spend each month. In short, even if you are not familiar with the concept of spousal maintenance, this is something you will need to consider if you divorce in the Netherlands. «

Do you need advice about spousal maintenance? GMW has specialised divorce lawyers who will be pleased to assist you. If you have any further questions or would like to make an appointment, please feel free to contact us. 070 361 50 48 – www.gmw.nl/en

Want to learn more?  You can read our FAQ’s about Divorce in the Netherlands.  Click here.