Alimony indexation: how does the annual increase work?

Alimony in the Netherlands goes up once a year by operation of law. On 1 January, child maintenance and partner maintenance both increase by a percentage set by the government, unless the parties or the court have excluded this indexation.

The legal basis is Article 1:402a of the Dutch Civil Code (Burgerlijk Wetboek, BW). Each year the Minister of Justice and Security sets the indexation percentage (indexeringspercentage) on the basis of wage development. The percentage is published about two months before it takes effect. For 2026 it is 4.6%. The percentage for 2027 is published in the Government Gazette (Staatscourant) in the autumn of 2026.

Do you have to apply for the increase?

No. The increase applies automatically. Neither party has to apply for it and no new court order is needed: the higher amount is simply due from 1 January.

In practice, it does help to tell the payer in writing what the new amount is. That way the monthly payment is adjusted without discussion, and you have a record if a dispute arises later.

Which maintenance amounts are indexed?

Indexation applies to maintenance fixed by the court and to maintenance agreed between the parties, for example in a divorce covenant (echtscheidingsconvenant) or a parenting plan (ouderschapsplan). It applies to child maintenance and to partner maintenance alike.

Can indexation be excluded?

Yes. Parties can agree to exclude statutory indexation or to use a different mechanism, and the court can do the same in its decision. An agreement to that effect should be made in writing and must be explicit. A covenant that says nothing about indexation is indexed in the ordinary way.

Where indexation is excluded, the amount stays nominally the same year after year. Over a long maintenance period, that works substantially in the payer’s favour, because inflation gradually reduces what the payment is worth to the recipient.

How do you calculate the new amount?

Multiply the amount payable in December by the indexation percentage for the coming year, and add the result to that amount. That gives the maintenance due from January.

Where indexation has been overlooked for several years, apply each year’s percentage in turn to the amount as it stood after the previous year’s increase. The increases compound rather than simply adding up.

An example to illustrate: a monthly payment of €500 that was not indexed in December 2025 should have become €523 from 1 January 2026 at 4.6%. The following year’s percentage is then applied to €523, not to €500.

What if indexation has never been applied?

Missed indexation is not lost. The recipient can claim the difference retroactively.

Two limits apply. First, maintenance claims are subject to a limitation period of five years (Article 3:308 BW), so arrears older than that can generally no longer be enforced. Second, a recipient who has accepted the unindexed amount without protest for a long time may face the argument that claiming all arrears at once is unreasonable in the circumstances. Raising the point sooner rather than later avoids both problems.

Is indexation the same as changing the maintenance amount?

No. Indexation only adjusts the amount for wage development. It says nothing about whether the amount is still appropriate.

If circumstances have changed – a different income, a new job, a change in the care arrangements, a new household – that is a separate question. It requires either a new agreement or an application to the court to vary the maintenance under Article 1:401 BW. Applying indexation to an amount that has become unrealistic simply carries the problem forward at a higher figure. For the wider picture, see our guide to alimony in the Netherlands.

What should you check as the recipient?

• Check whether your court order, covenant or parenting plan excludes indexation explicitly.
• Calculate the new amount each January and notify the payer in writing.
• Check whether indexation was missed in earlier years, and claim it before the five-year limitation period runs out (Article 3:308 BW).
• If the payer does not pay the indexed amount, consider collection through the LBIO for child maintenance.

What should you check as the payer?

• Check whether indexation applies to your arrangement, and adjust your payment from 1 January.
• Check that a claim for arrears does not go back more than five years.
• Check whether your income or circumstances have changed so much that a variation under Article 1:401 BW is justified.
• Keep proof of every payment and of the amounts you paid.

What can we do for you with alimony indexation?

Our divorce lawyers advise recipients and payers on indexation and on changing maintenance.

• We calculate the indexed amount and any arrears, year by year.
• We draft the written demand to the payer for missed indexation.
• We review whether your covenant or court order excludes indexation.
• We file or defend an application to vary maintenance under Article 1:401 BW.

Summary

• Child and partner maintenance increase automatically on 1 January under Article 1:402a BW.
• The Minister of Justice and Security sets the percentage each year based on wage development; for 2026 it is 4.6%.
• Indexation can only be excluded by an explicit agreement or a court decision.
• Missed indexation can be claimed back for up to five years; each year compounds on the previous one.
• Indexation is not a review of the amount itself: changed circumstances require a new agreement or a court application.

Frequently asked questions