Spousal maintenance (partneralimentatie)

Spousal maintenance is the contribution one former spouse pays to the other after a divorce, where that spouse has insufficient income of their own and cannot reasonably be expected to earn enough.

Legal basis and duration

The obligation follows from Article 1:157 of the Dutch Civil Code. The duration was shortened substantially by the Spousal Maintenance Reform Act, which applies to divorces filed on or after 1 January 2020. The main rule is now half the duration of the marriage, with a maximum of five years.

Three exceptions extend that period. Where the marriage lasted longer than fifteen years and the recipient reaches state pension age within ten years, maintenance runs until that age. Where the marriage lasted longer than fifteen years and the recipient was born on or before 1 January 1970, the maximum is ten years. And where the parties have children who have not yet turned twelve, maintenance runs until the youngest child reaches twelve.

How the amount is set

Two figures decide it: the recipient’s need, being what is required to maintain a standard of living comparable to that during the marriage and cannot be met from their own income, and the payer’s capacity to pay. Where both children and a former spouse are involved, child maintenance takes precedence: it is calculated first, and only the remaining capacity is available for spousal maintenance.

The amount is indexed annually on 1 January. It ends by operation of law if the recipient remarries, enters a registered partnership or lives with a new partner as if married, and that last ground is frequently litigated.

Where it goes wrong

Parties regularly agree a non-modification clause without appreciating its effect: it can bar any adjustment even if the payer’s income collapses. On the other side, an agreement that is silent on duration invites an argument years later about which regime applies.