Alimony is a post-divorce support payment that can be established or agreed upon for the benefit of children and/or ex-partners. Parents are legally obligated to pay child support until their children reach the age of 21. Child support is usually paid to the parent with whom the children have their primary residence after the divorce. Former spouses or registered partners can claim spousal maintenance for a period of five years if there is a significant difference in income. This period may be longer or shorter depending on the duration of the marriage or registered partnership, the year of birth of the person entitled to maintenance and/or the age of the parents' youngest child.
Parents must share the costs of raising and caring for their children after a divorce. The total cost of children is usually derived from the Nibudtabel own share parents, based on the net disposable family income during the marriage or cohabitation of the parents in the year of separation and the number of children within the family. The ability of the parents to pay alimony is calculated on the basis of the net disposable income (NDI) of each parent and a formula that takes into account the social assistance standard (of €1,270.00 per month in 2024) and a housing budget of 30% calculated on the NDI. This can also take into account non-avoidable and non-accountable additional expenses. After calculating both parents' ability to pay, the total is added up and divided between the parents according to the children's needs.
Depending on whether there is sufficient financial capacity to pay for the total cost of the children, the alimony payer may still be entitled to a care allowance based on the care arrangement. These are the costs that the payer incurs when the children live with him or her.
If there is a significant difference in income between married or civil partners, there may be a need for spousal maintenance in the event of divorce or dissolution of a civil partnership. The purpose of spousal maintenance is to ensure that both parties can maintain their standard of living as far as possible. Factors such as both parties' need and ability to pay are taken into account.
For business owners, alimony can be more difficult to calculate because income often fluctuates. Average income over several years and projections can then be used to paint a realistic picture of a business owner's true ability to pay.
The calculation of spousal support is customized, and there are also options to deviate from the legal standards or even choose to buy out spousal support. The way in which alimony is determined also has tax implications. It is important to seek advice to avoid unexpected assessments in the future.
Do you have questions about alimony or want to know what we can do for you?
Wondering how alimony is calculated in your specific case? Are you facing a change in your situation and want to know what it means for your alimony obligation or entitlement? Or are you looking for assistance in applying for, renewing, or terminating alimony?
Contact one of our family law attorneys for a free consultation. We stand ready to represent your interests. Whether it is child support, spousal support or both, it is important that the calculations are based on the correct relevant (financial) facts and circumstances so that you can face the future with confidence.
Today, on International Parents' Day, my blog pays tribute to parents worldwide for the great efforts they make in the interests of their children. For parents who have reached constructive agreements with each other in a divorce situation, I take an extra deep bow. For parents in or after divorce who have not yet found a sustainable solution, I share three tips with a worked example based on the model of connecting communication to take advantage of.
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According to Dutch law, as a stepparent you are obliged to contribute to the costs of your stepchild(ren). When are you legally a stepparent and when are you maintenance obligated for your stepchild(ren)? And is the stepparent's maintenance obligation the same as that of the legal/biological parent(s)? These questions are answered in this blog.
