This topic is always tricky and often source of hefty discussions and proceedings between ex-spouses. This is where emotions and finances touch and then it can be difficult to find a compromise.
There is no automatic right to spousal support, but the duty of care that spouses have towards each other during their marriage also extends over a certain period of time after the marriage. Whether and how much should be paid depends on various circumstances.
Since Jan. 1, 2020 (that is, in divorce cases commenced in court on or after that date), the term of spousal support is a maximum of half the duration of the marriage, with a maximum of 5 years. If there are children born of the marriage, the term continues until the youngest child turns 12. The longer of the two terms applies. So, 15 years of marriage and the youngest child being 8 years old: 15 divided by 2 is 7.5, but a maximum of 5 years applies. It takes another 4 years for the youngest child to be 12 years old. The longer of the two terms applies, i.e., 5 years. But the court may deviate from this.
Whether there is a right to spousal support depends on both financial and non-financial factors. Non-financial factors include the length of the marriage, the division of roles during the marriage, whether children were born of the marriage and their age. Financial conditions can be found in the level of family income and spending patterns.
But how much does a person need right now? Case law has developed a standard formula based on which a calculation can be made. The starting point is the disposable family income. From this, the costs of the children (see above) are deducted first, and then the income that was available to the spouses remains. Since two separate households cost more than one two-person household, 60% of this disposable income is required on the side of both spouses separately to support themselves. But this formula does not work in all cases and then the expected costs must be determined item by item, using a so-called needs list. This can cause quite a bit of discussion.
And so we arrive at the next point of discussion: the other person can just go to work, right? That sometimes seems obvious, but beware. Someone may have interrupted his or her career to take care of the children. "We get by on a salary anyway and it's easier that way," it was said at the time. But in the meantime, that career has stopped and you have to see if you can get back to work, and more importantly, what kind of work? And is it practically feasible? It varies from case to case and there is no single answer.
All of this, of course, must take into account how much the other person is able to contribute to the other person's living expenses. A contribution should not exceed the other person's ability to pay. but then again, how much does someone actually earn? What about bonuses and overtime? And what about the entrepreneur or director-major shareholder (DGA)? This too produces very diverse case law. Furthermore, the person paying alimony to the other person should not, as a result, be in a worse financial position than the other person. We call this in Dutch "jus-vergelijking".
Partner alimony is determined by the court in an order. However, the parties can of course agree on this themselves in mutual consultation and record this in an agreement. Note that partner alimony is also subject to legal indexation.
Determining the correct starting points for spousal support is customized work. I will be happy to help you, as a lawyer or in mediation.
There is no automatic right to spousal support, but the duty of care that spouses have towards each other during their marriage also extends over a certain period of time after the marriage. Whether and how much should be paid depends on various circumstances.
Since Jan. 1, 2020 (that is, in divorce cases commenced in court on or after that date), the term of spousal support is a maximum of half the duration of the marriage, with a maximum of 5 years. If there are children born of the marriage, the term continues until the youngest child turns 12. The longer of the two terms applies. So, 15 years of marriage and the youngest child being 8 years old: 15 divided by 2 is 7.5, but a maximum of 5 years applies. It takes another 4 years for the youngest child to be 12 years old. The longer of the two terms applies, i.e., 5 years. But the court may deviate from this.
Whether there is a right to spousal support depends on both financial and non-financial factors. Non-financial factors include the length of the marriage, the division of roles during the marriage, whether children were born of the marriage and their age. Financial conditions can be found in the level of family income and spending patterns.
But how much does a person need right now? Case law has developed a standard formula based on which a calculation can be made. The starting point is the disposable family income. From this, the costs of the children (see above) are deducted first, and then the income that was available to the spouses remains. Since two separate households cost more than one two-person household, 60% of this disposable income is required on the side of both spouses separately to support themselves. But this formula does not work in all cases and then the expected costs must be determined item by item, using a so-called needs list. This can cause quite a bit of discussion.
And so we arrive at the next point of discussion: the other person can just go to work, right? That sometimes seems obvious, but beware. Someone may have interrupted his or her career to take care of the children. "We get by on a salary anyway and it's easier that way," it was said at the time. But in the meantime, that career has stopped and you have to see if you can get back to work, and more importantly, what kind of work? And is it practically feasible? It varies from case to case and there is no single answer.
All of this, of course, must take into account how much the other person is able to contribute to the other person's living expenses. A contribution should not exceed the other person's ability to pay. but then again, how much does someone actually earn? What about bonuses and overtime? And what about the entrepreneur or director-major shareholder (DGA)? This too produces very diverse case law. Furthermore, the person paying alimony to the other person should not, as a result, be in a worse financial position than the other person. We call this in Dutch "jus-vergelijking".
Partner alimony is determined by the court in an order. However, the parties can of course agree on this themselves in mutual consultation and record this in an agreement. Note that partner alimony is also subject to legal indexation.
Determining the correct starting points for spousal support is customized work. I will be happy to help you, as a lawyer or in mediation.