Recalculating maintenance: when can it be changed?

Maintenance (alimentatie) can be changed when circumstances change. Under Article 1:401 of the Dutch Civil Code (BW) you can agree a new amount with your ex-partner, or ask the court to vary it, but only if the change means the current amount no longer meets the statutory standards.

The main exception: a drop in income that leaves the payer still able to pay does not by itself lead to a reduction. And until a new amount is agreed or ordered, the existing obligation stands in full.

What counts as a change of circumstances?

Any lasting change that affects need or ability to pay. On the payer’s side this includes losing a job, a substantial fall in income, a new maintenance obligation for another child, or retirement. On the recipient’s side it includes starting work or a substantial rise in income.

For children, a change in the care arrangement or the child reaching an age at which the norms change is also a ground. A change in care is often overlooked, even though it directly affects the calculation under the Rapport Alimentatienormen the courts use.

An income reduction the payer caused voluntarily, and could reasonably have avoided, is generally disregarded. The court then calculates on earning capacity rather than on the lower actual income.

When does spousal maintenance end without a court order?

Under Article 1:160 BW spousal maintenance (partneralimentatie) ends by law when the recipient remarries, registers a partnership, or lives with a new partner as if married (samenwonen als waren zij gehuwd). Whether a living arrangement meets that test depends on the facts and is a frequent source of dispute.

Can you agree a change without going to court?

Yes, at any time. Record the agreement in writing: the new amount, the start date and whether the annual statutory indexation continues. An informal arrangement by message, followed by years of payment at a different figure, produces the very dispute about arrears the agreement was meant to prevent.

If your divorce covenant contains a non-alteration clause (niet-wijzigingsbeding), Article 1:159 BW binds you to it. Only a change so drastic that holding you to the clause would be unacceptable by standards of reasonableness and fairness allows the court to set it aside.

How does a court application work?

You file a petition with the court through a lawyer, which is mandatory in maintenance cases. Both parties must provide complete financial information: recent payslips, annual statements, tax returns and, for the self-employed, the annual accounts.

The court sets the start date of the new amount and can backdate it, usually to the date of the application. If the payer paid too much in the meantime, repayment is often refused because the money has already been spent on living costs, so filing early matters financially.

Why should you not simply stop paying?

Because the existing order stays enforceable until it is changed. Arrears accumulate and can be collected by the National Maintenance Collection Agency (Landelijk Bureau Inning Onderhoudsbijdragen, LBIO) or by wage attachment. Apply first, adjust afterwards.

What should you check as the paying party?

• Is the change in your income or costs lasting, and can you document it with payslips or accounts?
• Did you cause the drop in income yourself, or was it unavoidable?
• Does your divorce covenant contain a non-alteration clause under Article 1:159 BW?
• Is your ex-partner now cohabiting, remarried or in a registered partnership (Article 1:160 BW)?
• Are you still paying the current amount while the application is pending?

What should you check as the receiving party?

• Has the payer’s income risen, or have the children’s costs increased with age?
• Has the care arrangement changed, so that you now bear more of the costs?
• Is the annual indexation being applied each 1 January?
• Are payments in arrears, so that LBIO collection is an option?
• Has your own income or living situation changed in a way the payer can rely on?

What can we do for you with recalculating maintenance?

We handle maintenance cases as part of our divorce lawyer practice.

• We recalculate the maintenance under the current Rapport Alimentatienormen.
• We review your covenant for a non-alteration clause and assess whether it still binds you.
• We draft a written variation agreement, including start date and indexation.
• We file the petition to vary maintenance with the court, or respond to one.
• We advise on arrears and LBIO collection.

For background, see our guide to alimony in the Netherlands and our article on when maintenance ends.

Summary

• Maintenance can be changed by agreement, or by the court under Article 1:401 BW after a relevant change of circumstances.
• Spousal maintenance ends by law on remarriage, registered partnership or cohabitation as if married (Article 1:160 BW).
• A non-alteration clause binds you unless holding you to it would be unacceptable (Article 1:159 BW).
• The court can backdate a new amount, usually to the date of the application, so timing matters.
• Never stop or reduce payment on your own: the existing order remains enforceable through the LBIO.

Frequently asked questions