If you were married and your ex-partner is not able to provide for their own living expenses, he or she can submit a request for spousal maintenance or you can establish such an agreement in the divorce settlement. You are only entitled to maintenance if you are (at least partly) unable to provide for your own livelihood. You must demonstrate that you are in need. The amount of your need is based on the lifestyle/expenses established during the marriage. Even with this in mind, the court will take into account the obligated party’s capacity to pay.
In the Netherlands, the maximum statutory obligation to pay alimony is 5 years. If there are no children involved, then the length of the maintenance obligation will be equal to half the duration of the marriage, with a maximum of five years after registration of the divorce decree. When there are minor children from the married couple, the maximum term to pay spousal maintenance will be at least five years or until the youngest child turns 12 years old.
Franssen Advocaten can calculate your alimony payments for you.
If you are already divorced and you believe that you are paying too much maintenance because your situation has changed significantly since your divorce (for example, because you have become involuntarily unemployed), then Franssen Advocaten can recalculate your payments and request a modification from the court.
