Statutory indexation of alimony 2023 Image

Statutory indexation of alimony 2023

Every year, the government increases alimony amounts by a certain percentage. This is called indexation of alimony. The increase depends on the average increase in wages in the Netherlands. The indexation of child and partner alimony is meant to correct for the increase in salaries and the cost of living. The Minister of Justice sets the percentage. The minister determines the statutory indexation percentage, alimony indexation according to the Trema standards for the coming year.

The indexation rate for 2023 has been set at 3.4%. This means that from 1 January 2023, the amount of alimony applicable will be increased by 3.4%. The maintenance payer must implement this increase himself.

Every alimony payer is legally obliged to apply this increase. Even if your wages have not gone up or your expenses have increased, you are obliged to use the alimony indexation. If you do not pay the increase, your ex-partner may be able to claim the amount. The obligation to index alimony applies to both child and partner alimony. Even if you have not agreed on this in the parenting plan and/or divorce covenant and/or the court order does not mention indexation, the indexation applies by operation of law. Only in cases where the legal indexation of child and spousal support is explicitly excluded by agreement or court order does it not have to be paid.

Alimony indexation 2023 self-calculate

You calculate the indexation of partner and child alimony as follows: current alimony amount/100 x the indexation percentage 2023 + current alimony amount. Example: suppose the current partner’s alimony amount is €300, and the new alimony amount after indexation is (300/100) x 3.4 + 300 = €310.20.

In previous years no indexation applied?

Are you the alimony payer? Then it would be best if you always kept a close eye on the alimony indexation yourself. You will not receive a notification of this and the amount will not be adjusted automatically. If you do not index it annually, your ex-partner can reclaim the indexation for up to five years. The amounts involved can then be considerable. We advise you to calculate the new alimony amount and ensure that you pay the new alimony amount to your ex-partner or children by 1 January 2023.

Have you questions about the legal indexation of alimony or collecting alimony arrears? Or would you like to have an alimony amount determined or modified? Please get in touch with our family law lawyers.

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