What is alimony?
Alimony is a post-divorce support payment that can be set or agreed for the benefit of children and/or former partners. Parents have a legal obligation to support their children until they 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 may be entitled to spousal maintenance if there is a substantial difference in income, in principle for a period of five years. This period may be longer or shorter depending on factors such as the length of the marriage, the year of birth of the recipient, and the age of the youngest child. An attorney who specializes in alimony can give you expert advice on this matter.
Child Support
After a divorce, parents must share the costs of raising and caring for their children. The needs of the children are usually determined on the basis of the Nibud table for each parent's own share. This takes into account the net disposable family income at the time of marriage or cohabitation and the number of children.
The parents' financial capacity is calculated on the basis of their net disposable income (NBI), taking into account factors such as the social assistance standard (€1,270.00 per month in 2024) and a housing budget of 30%. Where applicable, additional, non-negotiable expenses are also taken into account. The combined financial capacity of the parents is compared to the identified needs of the children and then divided equally.
If one of the parents is a caregiver, a caregiver's discount may be applied to the child support amount based on the caregiver's agreement.
Spousal maintenance
Spousal maintenance may be an option where there is a significant difference in income between married or registered partners. The law aims to ensure that both parties can maintain a comparable standard of living after divorce.
In determining the amount and duration of spousal support, both the needs of the person entitled to support and the financial ability of the person obligated to pay support are considered. An experienced alimony attorney will ensure that your financial and personal circumstances are taken into account.
Alimony and Entrepreneurs
For entrepreneurs, the calculation of alimony is often more complex due to fluctuating income. In such cases, average incomes over several years are used and a realistic picture of the ability to pay can be formed on the basis of projections.
Customized
Individual Determining alimony is always an individual process. With the guidance of an expert, the parties may choose to deviate from the statutory standards or opt for a lump sum settlement of spousal support. Please note that there are tax consequences to such decisions. A specialized alimony attorney can provide insight and prevent surprises down the road.
Assistance with alimony matters
Do you have questions about alimony or are you looking for help with alimony issues? Do you want to understand how alimony is calculated in your situation? Has your financial situation changed and would you like to know what this means for your alimony obligation or entitlement? Or do you need assistance in applying for, modifying, or terminating alimony?
Please contact one of our family law attorneys for a free consultation. We are here to represent your interests. Whether it is child support, spousal support, or both, with a dedicated alimony attorney on your side, you can be assured that your case will be handled with care and precision. This allows you to look to the future with confidence.
