Alimony in the Netherlands is increased once a year by operation of law. Under Article 1:402a of the Dutch Civil Code, the Minister of Justice and Security sets an indexation percentage each year on the basis of the development of wages, and on 1 January that percentage is applied automatically to maintenance amounts – both child maintenance and partner maintenance.
Automatically is the key word. Neither party has to apply for the increase and no new court order is needed: the higher amount is simply due from 1 January. The percentage is published in the autumn preceding the year in which it takes effect, so the figure that applies to any given year should be checked against the official publication for that year rather than taken from an older article.
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 or a parenting plan. It applies to child maintenance and to spousal maintenance alike.
There is one exception. Parties may agree in writing to exclude statutory indexation, or to apply a different mechanism. Such a clause is valid, but it needs to be explicit; a covenant that is silent on the point is indexed in the ordinary way. Where an agreement excludes indexation, the amount stays nominally the same year after year, which over a long maintenance period works substantially in the payer’s favour.
How do you calculate the new amount?
The calculation itself is straightforward: multiply the amount payable in December by the indexation percentage for the coming year. Where indexation has been overlooked for several years, each year’s percentage is applied in turn to the amount as it stood after the previous year’s increase – the increases compound rather than being added together, which is why several skipped years produce a larger difference than people expect.
What if indexation has never been applied?
Missed indexation is not lost. The recipient can claim the difference retroactively, and in practice this comes up regularly when a maintenance arrangement has run unchanged for years and nobody thought about the annual increase.
Two limits apply. Maintenance claims are subject to a limitation period of five years, so arrears further back than that can no longer be enforced. And a recipient who has accepted the unindexed amount without protest for a long time may face an argument that claiming the whole of the arrears at once is unreasonable in the circumstances. Raising the point sooner rather than later avoids both problems.
Indexation is not the same as amendment
Indexation 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, and it requires either a fresh agreement or an application to the court to vary the maintenance. Applying indexation to an amount that has become unrealistic simply carries the problem forward at a higher figure.
Frequently asked questions
Do I have to ask for indexation?
No. The increase follows from the law and takes effect on 1 January whether or not either party mentions it. In practice, it is sensible to notify the payer in writing of the new amount so that the payment is adjusted without discussion.
Can indexation be excluded?
Yes, but only by express agreement in writing. If your covenant does not mention indexation, it applies.
Can I claim indexation for past years?
Yes, subject to the five-year limitation period for maintenance claims. Each year is calculated on the amount as increased in the preceding year.
Does indexation apply while a variation application is pending?
Yes. The existing obligation, indexed, remains payable until the court decides otherwise.
Advice on maintenance and indexation
Questions about indexation often surface alongside a broader question about whether the maintenance amount is still right. Our family lawyers can calculate what is owed, including arrears, and advise on whether a variation is worth pursuing. See also our guide to alimony in the Netherlands. Please contact Law & More if you would like your situation reviewed.
