Spousal Maintenance After Divorce
After a divorce, one of the former partners may be entitled to spousal maintenance. This right is based on Article 1:157 of the Dutch Civil Code (BW). The maintenance obligation arises from the bond of solidarity that developed during the marriage. At Arslan Advocaten, we guide you through the entire maintenance process.
How Is Maintenance Calculated?
The calculation of spousal maintenance is based on two pillars: the needs of the maintenance creditor and the financial capacity of the maintenance debtor. The needs are determined based on the standard of living during the marriage, often calculated using the so-called Court Standard (60% of the net family income minus the costs of the children).
The financial capacity is calculated based on the income of the maintenance debtor, reduced by necessary expenses such as housing costs, healthcare costs, and any debts. The court uses the Trema Standards for this purpose, guidelines drawn up by the Maintenance Standards Working Group.
Child maintenance always takes priority over spousal maintenance. This means that the contribution for the children is determined first before the spousal maintenance is calculated. The amount of child maintenance is determined using the NIBUD needs table.
Duration of the Maintenance Obligation
Since the Spousal Maintenance Reform Act (2020), the maximum duration of spousal maintenance has changed. The main rule is that the maintenance duration is a maximum of half the duration of the marriage, with a maximum of five years. Three exceptions apply: marriages longer than 15 years where the maintenance creditor will reach the state pension age within 10 years, marriages with children under 12, and situations of long marriages (more than 15 years) with a maintenance creditor over the age of 50.
Modification of Maintenance
Under Article 1:401 BW, maintenance can be modified when there is a change of circumstances. This may be the case, for example, with loss of income, a new relationship, cohabitation, or changed financial circumstances. The change must be substantial; minor changes are insufficient.
A modification request must be submitted to the court. It is up to the applicant to demonstrate that there is a relevant change of circumstances. Arslan Advocaten can assist you in drafting and submitting a modification request.
Maintenance and Taxation
Spousal maintenance is tax-deductible for the payer from taxable income in box 1. The recipient must declare the maintenance as income. Child maintenance is not tax-deductible. It is important to take these tax consequences into account in the calculation, as they can significantly affect the net results.
Need Help with Maintenance Matters?
At Arslan Advocaten, we have extensive experience with maintenance cases. Whether it concerns establishing, modifying, or terminating maintenance, we are here for you. We calculate the maintenance for you in accordance with the applicable Trema Standards and advise you on your rights and obligations. Contact us for a no-obligation initial consultation.