1. Introduction: When Is Alimony Not Mandatory and Why This Is Important
Alimony is not always mandatory after a divorce. In this guide, you will discover exactly in which situations you do not have to pay spousal support or child support, what legal exceptions exist, and how you can officially arrange this.
After a divorce or the termination of a registered partnership, an alimony obligation does not automatically arise. There are specific circumstances in which you do not have to pay alimony at all, or in which an existing obligation lapses. This can save you thousands of pounds a year.
In this comprehensive guide, we cover all situations in which maintenance is not mandatory, the steps to terminate maintenance, practical examples from case law and answers to frequently asked questions. Whether you want to know when spousal maintenance ends or under what conditions child maintenance ends, you will find all the information you need here.
2. Understanding Maintenance Obligations: When They Are and Are Not Required
2.1 Types of Maintenance and Basic Rules
There are two main types of maintenance: spousal maintenance and child maintenance. Spousal maintenance is the financial contribution that the ex-partner with the greater financial means pays to the ex-partner with the lesser financial means after the divorce. Child maintenance is the financial contribution towards the maintenance of the children.
A maintenance obligation only arises in the case of official commitments. For spousal maintenance, there must have been a marriage or registered partnership. Cohabitation without a cohabitation contract does not lead to a maintenance obligation between partners. For child maintenance, the maintenance obligation only applies to one’s own, officially recognised children.
Tip: It is important to know the difference between the non-existence of an obligation and the termination of an existing obligation. No obligation means that there was never an obligation. Termination means that an existing maintenance obligation ceases under certain circumstances.
2.2 Relationship between different maintenance rules
Spousal support and child support are subject to different rules and conditions. A judge always determines whether there is sufficient financial capacity and need for support. The calculation is based on net disposable income minus necessary expenses. The recipient of support can once again fully provide for their own livelihood through increased income.
The date of the divorce is important for the application of the rules. Since 1 January 2020, a new law has been in force whereby spousal support lasts for a maximum of five years, instead of the previous twelve years. The duration of the support is partly determined by the number of years the couple was married (years married). For divorces before this date, other agreements may apply, as laid down in the divorce agreement. If the partnership lasted longer than 15 years, a different maximum duration applies to spousal support.
The amount of maintenance depends on three factors: the needs of the recipient, the financial capacity of the payer and any agreements made between the former partners.
3. Legislation and Registered Partnership
3.1 Legal Basis for Maintenance
The legal basis for maintenance in the Netherlands is laid down in the Civil Code. This states that ex-partners have a maintenance obligation towards each other and their children after a divorce or the termination of a registered partnership. This means that, as an ex-partner, you may be obliged to pay spousal maintenance or child maintenance, depending on the situation. When determining maintenance, the court always considers the needs of the ex-partner and the financial capacity of the paying party. The duration of the marriage or registered partnership also plays a role in the amount and duration of the maintenance. It does not matter whether you were married or in a registered partnership: the legal rules for maintenance are the same in both cases. The maintenance obligation remains in force for as long as the judge has determined or until there is a legal reason to terminate it.
3.2 Specific rules for registered partnerships
For registered partnerships, the rules are largely the same as for marriage, but there are a few points to note. Since 1 January 2020, the maximum duration of spousal support is five years, unless there are children together or the partnership lasted longer than fifteen years. If you have children together, spousal support may continue for longer, namely until the youngest child reaches the age of 12. In some cases, the court may decide that support must be paid for longer, for example if the ex-partner is not yet financially independent. It is therefore wise to always consult a financial advisor or solicitor when terminating a registered partnership. This way, you can be sure that you are aware of the maximum duration of spousal support and whether any exceptions apply in your situation. Good preparation prevents surprises and ensures that the agreements made are legally sound.
4. Changes from 1 January 2020
4.1 Key changes in legislation
As of 1 January 2020, the rules surrounding spousal support have changed significantly. The maximum duration of spousal support has been reduced from twelve to five years. This means that, in most cases, as the paying party, you will no longer have to pay spousal support to your ex-partner or ex-registered partner for longer than five years. There are exceptions, for example if the youngest child is under 12 years of age or if the partnership lasted longer than fifteen years. In addition, the law now stipulates that spousal support automatically stops if your ex-partner moves in with a new partner, remarries or enters into a new registered partnership. These changes are intended to make the maintenance arrangement fairer and clearer. It is important to be well informed about these new rules when divorcing or terminating a registered partnership. The right solicitor can advise you on the maximum duration of maintenance, the consequences of cohabitation or a new relationship, and the best approach for your personal situation. This will prevent you from paying longer than is legally required.
3. Why knowledge about maintenance exceptions is crucial
Understanding maintenance exceptions has direct financial consequences. According to CBS figures from 2023, divorced persons pay an average of £800 to £1,200 per month in spousal maintenance. Over five years, this can amount to £48,000 to £72,000. Unjustified payments can therefore cost a considerable amount of money.
Legal certainty is also important. By knowing when alimony is not mandatory, you can avoid lengthy legal proceedings and uncertainty. A financial advisor or alimony specialist can help with complex situations, but basic knowledge about exceptions saves time and money.
The legislative change of 1 January 2020 caused a great deal of uncertainty about maintenance obligations. Those who know their rights and obligations can act in a timely manner and avoid unnecessarily long payment obligations.
4. Overview of situations: when maintenance is not required
In the following situations, there is no maintenance obligation:
| Situation Spousal support | Conditions | Since when |
|---|---|---|
| No financial capacity | Income insufficient for own living expenses | Always |
| No need | Ex-partner has sufficient income | Always |
| Expiry of statutory period | 5 years elapsed (new law) | 1 January 2020 |
| New relationship of ex-partner | Marriage, registered partnership or cohabitation | Always |
| Own agreements | Set out in divorce agreement | As agreed |
| Death | One of the parties has died | Always |
| Situation Child maintenance | Conditions | Up to what age |
| Child financially independent | Own income for living expenses | Variable |
| Age limit reached | Child is 18 years old (or 21 if studying) | 18-21 |
| No child of own | No biological or legal parent | Never compulsory |
| Death | Child or parent deceased | Always |
The maintenance obligation lapses if the ex-partner receiving maintenance enters into a new relationship, cohabits, marries or enters into a registered partnership. Spousal maintenance also ends when the statutory term has expired, upon the death of one of the parties or when the state pension commences and the state pension age is reached.
If the situation of the person receiving spousal support or maintenance changes, for example due to a new relationship or sufficient income of their own, this will affect their right to maintenance and the obligation may lapse.
Different arrangements may apply to divorces before 1 January 2020. Therefore, always check the divorce agreement for specific provisions regarding the maximum duration of spousal support.
5. Step-by-step: How to terminate or prevent maintenance obligations
Step 1: Check Your Situation
Gather all relevant documents such as the divorce agreement, recent income data and proof of changed circumstances. Make a checklist to determine which grounds for exemption apply to your situation.
Calculate your financial capacity according to the LBIO guidelines (National Maintenance Collection Agency). This will give you an idea of whether you still have sufficient financial capacity to pay maintenance. Take into account changes in income, fixed expenses or new financial obligations.
For spousal support: check whether the statutory period of five years has expired, whether your ex-partner is in a new relationship, or whether other relevant circumstances have changed. For child support: determine whether your child has reached the age of 18 or is financially independent. If a child aged 18 or older earns enough to support themselves, there may no longer be a need for child support.
Step 2: Start the official procedure
First, try to reach new agreements with your ex-partner through a mediator. Many issues can be resolved this way without costly legal proceedings. A mediator helps to reach an agreement that is acceptable to both parties.
If consultation fails, legal proceedings will be necessary. Engage a solicitor specialising in family law. The right solicitor will be familiar with the maintenance rules and can assess your chances.
Submit a petition to the court to request a change or termination of maintenance. If circumstances have changed significantly, you can also have a new maintenance calculation made. Use supporting evidence such as the LBIO maintenance calculation. In unforeseen circumstances, such as long-term illness or unemployment, the maintenance obligation can be reassessed.
Step 3: Record and monitor the result
After a positive ruling by the court, you must implement the decision. Inform your employer if there was a wage garnishment and report any changes to the tax authorities for your income tax.
Check annually whether the situation still applies. Changes may affect the maintenance obligation. Keep track of important dates, such as when the youngest child turns 12 or when the legal term expires.
Keep all documents from the proceedings for future reference, especially if changes occur again later.
6. Common mistakes when terminating maintenance
Mistake 1: Stopping payments without the court’s permission Many people think they can stoppaying once the legal term has expired or their ex-partner is in a new relationship. This is not permitted. The maintenance obligation remains in place until a court decides otherwise.
Mistake 2: Not reporting your ex-partner’s new relationship in a timely manner If your ex enters into a new relationship, marries or moves in with someone, you must report this in a timely manner. Waiting can mean that you pay maintenance for longer than necessary.
Mistake 3: Confusing spousal support and child support The rules for spousal support and child support differ greatly. Spousal support usually ends after five years (from 1 January 2020), while child support continues until the child reaches the age of 18 or 21. Pay close attention to this.
Tip: Always follow the official procedure. Stopping payments on your own initiative can lead to arrears and legal problems. Invest in legal advice; the costs often outweigh the savings.
7. Practical example: Successful termination of spousal support
Case: Jan paid € 1,000 in spousal support to his ex-wife Marie for five years after their divorce in January 2018. Their marriage lasted eight years and they had no children together.
Initial situation:
- Divorce: January 2018
- Marriage lasted: 8 years
- Spousal support: € 1000 per month
- No children together
- Alimony started in February 2018
Steps taken:
- January 2023:Â Jan realised that the statutory period of five years would expire in February 2023
- February 2023:Â Legal advice sought from solicitor
- March 2023:Â Petition submitted to court to terminate spousal support
- April 2023:Â Judge ruled that spousal support would end on 1 May 2023
Final result:
- Maintenance obligation terminated as of May 2023
- Annual savings: € 12,000
- Lawyer’s legal costs: € 2,800
- Net savings in the first year: € 9,200
| Timeline | Action | Cost | Savings |
|---|---|---|---|
| Jan 2023 | Orientation and advice | € 300 | – |
| Mar 2023 | Start procedure | € 2,500 | – |
| May 2023 | Alimony ends | – | € 12,000/year |
| Total | First year | € 2,800 | € 9,200 |
This example shows the importance of acting in a timely manner. Jan could have started the procedure in January 2023 and saved two months of alimony payments.
8. Frequently asked questions about not paying maintenance
Question 1: “What if my ex-partner does not agree to stop alimony?”
You do not need your ex’s consent if there are legal grounds for terminating alimony. The court will ultimately decide whether the conditions have been met. Your ex can object, but that does not mean the proceedings will be stopped.
Question 2: “Can I get money back if I have paid incorrectly?”
Usually not, unless there is proven bad faith on the part of your ex-partner. That is why it is important to take timely action when circumstances change.
Question 3: “Does the 5-year rule also apply to child maintenance?”
No, the statutory five-year period only applies to spousal support since 1 January 2020. Child support continues until the child reaches the age of 18, or 21 if they are studying or do not have their own income.
Question 4: “What are the costs of legal proceedings and what if I have financial problems?”
Legal fees vary between € 2,000 and € 4,000 for standard proceedings. Some people are eligible for legal aid. The costs are often quickly recouped through savings on maintenance.
Question 5: “What if my ex-partner remarries or enters into a registered partnership?”
Spousal support automatically stops if your ex remarries or enters into a registered partnership. You must have this officially determined by the court. Living together in a new long-term relationship can also be a reason to terminate spousal support.
Question 6: “Can I agree on a longer period in the divorce agreement?”
Yes, you can agree that spousal support will last longer or shorter than five years. This must be reasonable and can be adjusted by the court if the situation changes.
9. Conclusion: Key Points Maintenance Exceptions
The five most important situations in which you do not have to pay maintenance are: lack of financial capacity or need, expiry of the statutory five-year period, a new relationship of your ex-partner, specific agreements in the divorce agreement, and substantially changed circumstances.
Never stop paying without court permission. Without an official ruling, the maintenance obligation remains in force.
The costs of legal proceedings often outweigh the savings. With monthly maintenance payments of £1,000, you will quickly recoup the legal fees.
Contact a specialist family law solicitor for personal advice. Every situation is unique and deserves a tailor-made solution.
Next steps:Â Check your divorce agreement and your current situation. Do you think you are paying maintenance unjustly? Then contact a family law solicitor at Law & More as soon as possible. Acting in good time can save you a lot of money.