Divorce raises many questions. One of the most practical – and most sensitive – is the question of money: who pays what, for whom, and for how long? Maintenance is the legal instrument designed to ensure that the financially weaker party is not left out in the cold after a separation. But how does the system actually work? How is the amount calculated, when can it be adjusted, and when does the obligation come to an end?

This article provides a comprehensive overview of the Dutch maintenance system as it applies in 2026: from the basic principles of child and partner maintenance to the calculation methods, the possibilities for variation, and the end date of the obligation.

Two Types of Maintenance: Children and Partner

Dutch law recognises two forms of maintenance: child maintenance and partner maintenance (spousal support). Both are assessed on the basis of need and financial capacity, but they each have their own rules, calculation methods and statutory framework.

Child maintenance is the contribution parents owe towards the costs of their children’s care and upbringing, and it continues until the child reaches the age of 21. Partner maintenance is the contribution to the living costs of a former partner who cannot independently provide for their own needs after the separation. In practice both are often dealt with in the same set of proceedings, but they are legally distinct.

Child Maintenance

Who Is Obliged to Pay?

Under Article 1:404 of the Dutch Civil Code, both parents are obliged in proportion to their means to contribute to the costs of their children’s care and upbringing. That obligation applies to children up to the age of 21. Stepparents may also become obliged to contribute in certain circumstances (Article 1:395 Civil Code)

How Is the Amount Calculated?

The calculation of child maintenance follows three steps. First, the need of the child is established: how much does the child require? This is assessed by reference to the former family income and spending patterns during the relationship. Next, the financial capacity of each parent is calculated: what can they reasonably contribute? Courts use standardised tools for this, including the Trema guidelines applied by the Dutch judiciary.

The court then divides the costs in proportion to the capacity of each parent: the higher earner contributes more. The Supreme Court confirms that capacity calculations must be predictable and legally certain, and that departures from standard methods are only justified in special circumstances (ECLI:NL:PHR:2021:138). In blended families with children from multiple relationships, capacity is distributed proportionally across all children (ECLI:NL:PHR:2026:112)

Indexation and Adjustment

Child maintenance is automatically indexed annually. That indexation takes effect from 1 January following the ruling and does not apply retroactively (ECLI:NL:HR:2025:1165). If either parent wishes to adjust the established amount – upwards or downwards – an application for variation must be made to the court, on the basis of a relevant change of circumstances (Article 1:401 Civil Code)

When Does Child Maintenance End?

The obligation ends automatically on the child’s 21st birthday. Arrears of child maintenance may still be recovered for up to ten years after that date (Article 1:408 Civil Code). Earlier termination is possible if the child has sufficient income of their own.

Partner Maintenance

The Default Rule: Maximum Five Years

Partner maintenance has a statutory maximum duration. Since the Dutch Act on the Revision of Partner Maintenance came into force in 2020, the default rule is that partner maintenance lasts no longer than half the duration of the marriage, with a maximum of five years. This is laid down in Article 1:157 of the Dutch Civil Code.

There are exceptions to this default. If the marriage lasted more than fifteen years and the maintenance recipient will reach state pension age within ten years, maintenance may continue until state pension age. If there are children under the age of twelve, the maintenance obligation lasts at minimum until the youngest child reaches twelve.

Transitional Provisions: Pre-2020 Cases

For people who were already receiving maintenance before the 2020 reform, transitional provisions apply. In those cases termination may occur after fifteen years, unless this is unacceptable under standards of reasonableness and fairness. The court may extend the period in cases of genuine hardship, provided the application is submitted within three months of termination.

How Is the Need for Maintenance Calculated?

The recipient’s need is established as concretely as possible: what does this person require to maintain the standard of living established during the marriage? Where a concrete assessment is not possible, the court may apply the so-called ‘court norm’: 60% of the net family income during the marriage (ECLI:NL:PHR:2024:1152). The paying party’s financial capacity is then assessed: what can they reasonably afford to pay?

When Does Partner Maintenance End?

Partner maintenance ends automatically when the statutory period expires. It also ends if the recipient remarries, enters into a registered partnership, or starts cohabiting as if married – though the latter sometimes requires a court ruling. The death of either party also terminates the obligation.

Varying Maintenance

Both child maintenance and partner maintenance may be varied if circumstances change. The law gives the court the power to modify a previously established amount if it no longer satisfies the statutory standards as a result of changed circumstances (Article 1:401 Civil Code). Relevant changes include a substantial loss of income, a new child making claims on the payer’s capacity, or a changed care arrangement.

The court assesses whether the change is ‘relevant’. Temporary or self-inflicted changes are generally not accepted. The applicant carries the burden of proof and must demonstrate that the change is structural and not of their own making. The court has discretion over the effective date of the variation (ECLI:NL:RBGEL:2025:11565)

The Hardship Clause

Has the statutory period for partner maintenance elapsed, but would termination be unacceptable under standards of reasonableness and fairness? Article 1:157(7) Civil Code provides the possibility of applying for an extension. The bar is high: the recipient must demonstrate that their limited earning capacity flows directly from the marriage – for example from sustained care responsibilities or health problems that arose during the marriage – and that everything has been done to become financially independent.

The application must be submitted within three months of termination. Missing that deadline makes the application inadmissible. The court applies strict criteria and will only uphold a hardship clause application in exceptional cases.

Do you have questions about your situation.

Would you like to know where you stand regarding maintenance, or do you need a personalised calculation? The family law attorneys at Law & More support you throughout the entire maintenance process. Get in touch at lawandmore.eu.

Relevant legislation: Article 1:157 • Article 1:395 • Article 1:401 • Article 1:404 • Article 1:408 Dutch Civil Code