Maintenance obligation: when does it end in the Netherlands?

Maintenance obligations in the Netherlands do not run indefinitely, and child maintenance (kinderalimentatie) and spousal maintenance (partneralimentatie) end in different ways. Child maintenance runs until the child turns eighteen and then continues as a contribution to a young adult’s living and study costs until twenty-one. Spousal maintenance has a statutory maximum duration, shortened to half the length of the marriage with a maximum of five years for divorces from 1 January 2020, with three exceptions.

How long is child maintenance payable?

Child maintenance is payable until the child turns twenty-one. At eighteen, the person entitled to it changes from the parent to the child.

Until the eighteenth birthday the maintenance is paid to the parent with whom the child lives. From then on the child is the creditor and payment is in principle made to the child directly. A court order made before that date continues to apply; no new order is needed.

Between eighteen and twenty-one the obligation is based on Article 1:395a of the Dutch Civil Code (BW) and continues whether or not the child is studying. Under Article 1:392 paragraph 2 BW the young adult does not have to show need (behoeftigheid). The amount still depends on the young adult’s actual costs and on what the paying parent can afford.

After twenty-one a parent only owes maintenance under the ordinary rules of Article 1:392 BW, which require that the child cannot provide for themselves.

How long is spousal maintenance payable?

For divorces from 1 January 2020, Article 1:157 BW limits spousal maintenance to half the duration of the marriage, with a maximum of five years. Divorces from before 2020 fall under the previous regime, with a standard maximum of twelve years.

Three exceptions extend the period; if more than one applies, the longest counts:

• The marriage lasted longer than fifteen years and the recipient reaches state pension age (AOW age) within ten years: maintenance continues until that age.
• The marriage produced children under twelve: maintenance continues until the youngest turns twelve.
• Transitional rule: the marriage lasted longer than fifteen years and the recipient was born on or before 1 January 1970: maintenance can run for up to ten years.

In what other ways does spousal maintenance end?

It ends on the death of either party. Under Article 1:160 BW it also ends when the recipient remarries, enters into a registered partnership, or lives with another person as if they were married.

Courts require an affective relationship of some duration, a joint household and mutual care, and the paying party has to prove it. Once established, the obligation ends permanently and does not revive if the new relationship ends.

Can the duration or amount be changed?

Yes. Parties can agree on a different duration, and under Article 1:401 BW the court can vary or end maintenance when circumstances have changed so that it no longer meets the statutory standards. Examples are a lower income or a new maintenance obligation.

Parties can agree that spousal maintenance cannot be varied (a non-variation clause, Article 1:159 BW). Even then the court can intervene if circumstances have changed so drastically that holding the paying party to the clause would be unacceptable by standards of reasonableness and fairness. Our guide to alimony in the Netherlands explains how amounts are calculated, and our article on indexation covers the annual increase.

What should you check as the paying party?

Most overpayments come from missing the moment the obligation changes or ends.

• Note the end date under Article 1:157 BW and which exception, if any, applies.
• From your child’s eighteenth birthday, pay the child directly unless you agree otherwise in writing.
• Stop child maintenance on the child’s twenty-first birthday unless a new obligation applies.
• Gather evidence before you rely on cohabitation under Article 1:160 BW; do not simply stop paying.

What should you check as the recipient?

As recipient, your main risks are the fixed end date and a cohabitation claim.

• Calculate the end date of spousal maintenance and check whether you qualify for an exception.
• If ending the maintenance would be unreasonably drastic, file an extension request within three months after payments end.
• Check whether your child’s maintenance is paid to the child from eighteen and agree how it is used.

What can we do for you with the end of maintenance?

Our work on maintenance and divorce is described on our divorce lawyer page; on the end of maintenance specifically:

• We calculate the end date and check whether an exception or the transitional rule applies.
• We assess the evidence of cohabitation before payments are stopped.
• We draft and file a variation or extension request with the court within the deadline.
• We draft a maintenance agreement, including any non-variation clause.

Summary

• Child maintenance runs until twenty-one; from eighteen it is in principle paid to the child.
• For divorces from 1 January 2020, spousal maintenance lasts half the duration of the marriage, with a maximum of five years, subject to three exceptions.
• Spousal maintenance ends on death, remarriage, registered partnership or cohabitation as if married (Article 1:160 BW), and does not revive.
• Maintenance can be varied when circumstances change (Article 1:401 BW), even with a non-variation clause if the change is drastic.
• A request to extend spousal maintenance must be filed within three months after payments end.

Frequently asked questions