Maintenance obligations in the Netherlands do not run indefinitely, and child maintenance and spousal maintenance end in quite different ways. Child maintenance is owed until the child is eighteen, and then continues as an extended maintenance obligation until the age of twenty-one for children who are not yet financially independent. Spousal maintenance is subject to a statutory maximum duration, which was substantially shortened for divorces from 1 January 2020.
How long is child maintenance payable?
Until the child turns eighteen, the maintenance is paid to the parent with whom the child lives. From eighteen the child is the creditor, and the payment is made to the child directly.
Between eighteen and twenty-one the obligation continues regardless of whether the child is studying, and regardless of the child’s need in the ordinary sense: this is a strengthened obligation, and a young adult who is not financially independent remains entitled. After twenty-one the obligation ends, unless the child is unable to provide for themselves in a way that gives rise to an obligation on ordinary principles.
How long is spousal maintenance payable?
For divorces from 1 January 2020, the main rule is that maintenance is payable for half the duration of the marriage, with a maximum of five years.
Three exceptions extend that. Where the marriage lasted longer than fifteen years and the recipient will reach state pension age within ten years, maintenance continues until that age. Where the marriage produced children who have not yet turned twelve, maintenance continues until the youngest reaches twelve. And a further transitional rule applies to older recipients of long marriages. Divorces from before 2020 fall under the previous regime, under which the standard maximum was twelve years.
Other ways the obligation ends
Spousal maintenance ends by operation of law on the death of either party, and on the recipient’s remarriage, entry into a registered partnership, or cohabitation with another person as if married. That last ground is frequently litigated, because the test is strict: it requires an affective relationship of some duration, a joint household, and mutual care. Once it is established, the obligation ends permanently and does not revive if the new relationship ends.
Parties can also agree a different duration or agree that the maintenance cannot be varied, and the court can vary or terminate maintenance where circumstances have changed – a lower income, a new maintenance obligation, a change in the recipient’s means.
Frequently asked questions
Does child maintenance stop automatically at eighteen?
The obligation does not stop, but the recipient changes: from the child’s eighteenth birthday it is payable to the child. Continuing to pay it to the other parent after that date is a common and avoidable mistake.
Can spousal maintenance be extended beyond the maximum?
Only in exceptional cases, where ending it would be unacceptably harsh on the recipient. An application has to be made before the term expires.
What if my ex-partner has started living with someone?
If the cohabitation meets the statutory test, the obligation ends. Because the test is strict and the consequence is permanent, these cases turn on evidence and are worth preparing carefully.
Related reading
Our full guide to alimony in the Netherlands covers how the amounts are calculated, and our article on indexation explains the annual increase.
Advice
Whether an obligation has ended, and whether it can be varied, depends on facts that are usually establishable. Our family lawyers advise on both sides of these questions and act in variation and termination proceedings. Please contact Law & More.
