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Do you or your ex-partner not have a sufficient income to live after the divorce? Then the other partner has the obligation to pay alimony to the ex-partner.
When are you entitled to receive alimony from your ex-partner?
In principle, you are entitled to partner alimony if, after the divorce, you do not have sufficient income to support yourself. Your standard of living at the time of the marriage will be taken into account in order to determine whether you are entitled to partner alimony. In practice, one of both partners will receive the right to alimony. In most cases this is the woman, especially if she has been responsible for most of the caretaking of the household and children. In that case, the woman often has no income or a limited income from part-time employment. In a situation in which the man has fulfilled the role of ‘household husband’ and the woman has made a career, the man can in principle claim partner alimony.
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Level of partner alimony
In consultation, you and your ex-partner can agree on the amount of the partner alimony. If you are unable to reach agreement together, one of our lawyers will be happy to assist you. Not only can we help you with the negotiation process, but we can also determine the amount of the partner alimony for you. We do this by making a maintenance calculation.
The judge will not only look at the financial situation of the maintenance recipient, but also at the financial situation of the maintenance payer. On the basis of both situations, the court will determine whether one of you is entitled to receive alimony and, if so, the amount of the alimony. In some cases, it is possible that you are in fact entitled to partner maintenance, but that the financial details of your ex-partner show that he or she is simply not able to pay partner alimony.
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A maintenance calculation is a rather complex calculation since many factors have to be taken into account. Law & More will be happy to carry out the partner alimony calculation for you.
Determining the need
The amount of partner alimony depends on the need of the person who receives alimony and on the capacity of the person who has to pay alimony. In order to determine the needs of the alimony recipient, a standard of approximately 60% of the net family income minus the costs of any children is assumed.
Determining financial capacity
A load-bearing capacity calculation is made for both parties. This calculation determines whether the person liable for maintenance has sufficient financial capacity to be able to pay alimony. In order to determine the financial capacity of the person who has to pay alimony, his or her net income must first be determined. The alimony payer may first deduct a number of costs from this income. These are mainly costs that the alimony payer has to incur in order to make ends meet (costs).
Carrying capacity comparison
Finally, a load-carrying capacity comparison must be made. This comparison is used to calculate the amount of maintenance for which the parties have equal financial freedom. The scope of the maintenance creditor is compared with the scope of the maintenance debtor. The idea behind this is that the maintenance creditor does not have to be in a better financial position than the maintenance debtor as a result of the maintenance payment.
Would you like to know what your financial situation will be after your divorce? Contact Law & More and we can work with you to determine how much alimony you will have to pay or receive.
If you want to unilaterally cancel or change the partner alimony, this must be done through the court. We can submit a change request at the court on your behalf. The court can change the partner alimony, i.e. increase, decrease or set to zero. According to the law, there must then be a ‘change of circumstances’. If the court finds that there is no change of circumstances, your request will not be granted. This concept is not further explained in the law and can therefore concern a wide range of circumstances. In practice, this often involves a change in the financial circumstances of one of the ex-partners.
Termination of partner alimony
The obligation to pay partner alimony may end in the following situations:
- in the event of your or your ex-partner’s death;
- if the maximum period of maintenance determined by the court has expired;
- if the person who receives maintenance marries again, enters into a registered partnership or starts living together;
- if the financial circumstances have changed and the person who receives maintenance can make a living for himself
Our divorce lawyers have knowledge of both family law and the entrepreneurial know-how and are therefore ideally placed to provide you with legal and tax assistance in these cases. Do you need a divorce lawyer? Contact Law & More.
Do you want to know what Law & More can do for you as a law firm in Eindhoven and Amsterdam?
Then contact us by phone +31 40 369 06 80 or send an e-mail to:
mr. Tom Meevis, advocate at Law & More – firstname.lastname@example.org
mr. Maxim Hodak, advocate at & More – email@example.com