Provisional measures in divorce: the home, children and maintenance

23 September 2026

Arslan Advocaten

Need help urgently?

Provisional measures in divorce: the home, children and maintenance

Are you unable, during a divorce, to wait for final arrangements on the home, the children or maintenance? The court can then grant provisional measures. These are temporary decisions within the statutory framework of the divorce proceedings. A lawyer assesses which measure you can request and files the application. The temporary decision does not automatically divide the joint assets and does not definitively determine who becomes the owner of the home.

Nederlands: Lees dit artikel in het Nederlands: Voorlopige voorzieningen bij echtscheiding: woning, kinderen en alimentatie

Türkçe: Bu makaleyi Türkçe okuyun: Boşanmada geçici önlemler: konut, çocuklar ve nafaka

Written by Öznur Batur, attorney at Arslan Advocaten. Registered in the specialisation register of the Netherlands Bar for personal and family law and criminal law. Last updated: 19 September 2026. General information is not legal advice about your own situation.

The aim is to allow daily life to continue for the time being while the divorce is being dealt with. Below you can read what these proceedings can settle, which documents are needed and why you must keep an eye on the link with the divorce petition and the statutory time limits.

When are provisional measures needed?

A divorce can take months, while the rent, mortgage and costs for children continue. Perhaps one partner wants to stay in the home, there is not enough money for day-to-day expenses or it proves impossible to agree on a temporary care arrangement. A provisional decision can then bring calm and clarity.

Not every disagreement calls for immediate proceedings. If safe, clear temporary arrangements are possible, that can save time and costs. In that case, record what applies, from when, for what period and which issues are still open.

If consultation fails, make the problem concrete. ‘Everything is stuck’ is less useful than stating which payment will be missing tomorrow, who actually uses the home or why a handover is unworkable. The measure requested must correspond to a measure available under the law.

Which issues can the court settle temporarily?

The law lists specific provisional measures in connection with a divorce or legal separation. These may include the use of the marital home, certain everyday household goods, the temporary care of children and maintenance contributions.

A request must fall within that framework. A general wish that the other partner ‘cooperates with everything’ is not sufficiently clear. For a sale, division, attachment or other questions concerning assets, different proceedings or an additional legal ground may be needed.

Have related issues aligned with each other. If one parent stays in the home with the children for the time being, that affects the budget and the practical care. A temporary contribution cannot be viewed separately from the financial information and other relevant expenses.

Who may stay in the home for the time being?

The court can decide that one spouse has exclusive use of the marital home for the time being. The interests of both parties and of any children are weighed. Ownership is relevant, but does not always determine the question of temporary use on its own.

A decision on use does not automatically change who the owner is, who remains the mortgage debtor or how the surplus value will later be divided. Nor does it definitively settle the eventual allocation or sale.

Make clear why you need the home and what alternatives exist. Think of where the children live, how easily the school can be reached, health, work and other available accommodation. Describe the facts and substantiate financial or practical constraints.

Does leaving mean that you lose rights?

Temporarily leaving the home does not in itself mean that you give up ownership or a claim in the division. It can, however, have practical consequences for use, costs and the factual situation. Record temporary arrangements carefully for that reason.

Discuss which personal belongings will be taken, how access for necessary items will be arranged and who will make which payments for the time being. Do not change the locks without proper grounds, and do not make joint property inaccessible in order to exert pressure.

If you are not safe, protection must be sought first. That sometimes calls for a different or additional measure than an ordinary housing arrangement. Tell your lawyer clearly what specific risks exist.

Temporary arrangements for children

During the divorce, a provisional arrangement may be needed on where the children stay and how contact with the other parent is organised. The court looks at the situation and the interests of the children. A temporary arrangement is not merely a division of hours between adults.

Make a proposal for school days, weekends, handovers and holidays. State which care tasks the parents performed before the divorce and which practical changes have arisen. Stability and workability are important points of attention.

Provisionally entrusting the children to one parent or a provisional care arrangement is not the same as permanent sole parental authority. Joint parental authority can also continue during the divorce. For specific disputes on parental authority, it must be examined which separate decision is needed.

Provisional child and spousal maintenance

If there is not enough money for living expenses or the costs of the children, a temporary contribution can be requested. The court needs financial information to assess need and ability to pay. Even in an urgent situation, the amount must be adequately substantiated.

Gather recent payslips, benefit details, information about any business and relevant expenses. Explain which costs are already being paid directly by the other partner. This prevents a mortgage payment or an item of child costs from unintentionally being counted twice.

A provisional contribution may later differ from the final maintenance. That does not make the temporary decision optional. Read the start date and the practical implementation carefully, and have it assessed how later decisions tie in with it.

Which documents does your lawyer need?

A file that can be used quickly consists of up-to-date information and a clear request. Do not just send a long description of the breakdown of the relationship. The lawyer must be able to see which temporary solution is needed, legally and in practice.

Marriage details and any prenuptial agreement.
Details of the children and existing care arrangements.
Income documents of both partners, as far as available.
An overview of fixed costs and current payment problems.
Ownership, mortgage or tenancy details of the home.
Relevant correspondence about temporary solutions.
A specific proposal for use, care and payments.

State which documents are missing and why. A missing payslip can sometimes be requested; an estimate must remain recognisable as an estimate. False certainty about figures can harm the assessment.

How do the proceedings start?

The lawyer files an application for provisional measures. This can be done in connection with pending divorce proceedings and, under certain conditions, also before they are started. The district court assesses the application within the applicable procedural framework and gives the other party the opportunity to respond.

The proceedings are intended for temporary decisions, but that does not mean that every desired date can be guaranteed. The district court schedules the hearing and may need additional information. Tell your lawyer immediately about any specific urgency.

The other partner can put forward a defence and make appropriate provisional requests of his or her own. So take different possible outcomes into account. A request to remain in the home yourself may lead to a discussion about alternative accommodation and temporary contributions.

The important four-week time limit

If no divorce petition has yet been filed, the main petition must follow in time after the decision on provisional measures. The Dutch judiciary (Rechtspraak) points to the time limit of four weeks after the decision on the provisional measure. Without a timely follow-up step, the measures lapse under the statutory rules.

Have your lawyer expressly monitor this time limit and confirm when the petition has been filed. Do not confuse this four-week time limit with a deadline for paying court fees or a time limit for an appeal. Different time limits can run simultaneously in the same case.

Other events can also affect whether provisional measures remain in force. Think of the withdrawal or rejection of the divorce petition and the transition to final decisions. Keep all court decisions for that reason, and do not follow only the first ruling.

What happens at the hearing?

The court discusses what needs to be settled temporarily and which facts are relevant to that. The parties can explain their positions and answer questions. Sometimes it proves possible to reach agreements during the hearing after all.

Prepare a short core message: which problem must be solved now, which measure are you requesting and which documents support it? As far as possible, leave out personal accusations that contribute nothing to the temporary assessment.

If children are involved, this happens in an appropriate manner. A child does not have to solve the parents’ financial or housing problems. Discuss with your lawyer how the district court deals with the child’s voice in your case.

Can you appeal?

A special regime of legal remedies applies to provisional measures in divorce cases. You cannot simply assume the usual option of appealing against every decision. The law restricts ordinary legal remedies against these measures.

However, under statutory conditions you can request an amendment or withdrawal, for example in the event of relevant changed circumstances or a decision based on incorrect or incomplete information. That is not an unlimited second chance because you dislike the outcome.

Have the decision assessed immediately if you disagree with it. A lawyer can establish which route is open and which time limit or facts are important for it. Do not wait until temporary payment arrears or a new unsafe situation arise.

How long does the temporary decision apply?

When it ends depends on the type of measure and the course of the main proceedings. For different issues, the statutory transition to a final decision may work differently. That is why ‘until the divorce is finalised’ is often too imprecise.

When you receive the decision, ask which obligations now apply, when they may end and which follow-up steps are needed. Check this again when the divorce is granted or registered, or when a final decision on maintenance or care follows.

Moreover, the divorce itself only takes effect after the required registration of the decision in the civil status registers. The registration is subject to a statutory time limit linked to the decision becoming final and unappealable. Have your lawyer monitor this.

Not married but facing an urgent problem?

The specific rules on provisional measures in divorce cases do not automatically apply to unmarried cohabitants. They too may have urgent disputes about children, the home or payments, but the legal route may be different.

For disputes on parental authority, a request under the law on parental authority may be appropriate. For an urgent dispute on assets or use, different proceedings may be needed. The question of which court and which procedure is competent must be answered first.

So do not use a divorce template simply because the practical problems seem similar. If you are separating without having been married, also read cohabiting and separating.

Implementing temporary arrangements properly

After a court decision or agreement, it must be clear who does what. Write down payment dates, handovers, arrangements about keys and necessary communication. Share the arrangement with relevant professionals insofar as necessary for its implementation.

A temporary arrangement may provide that certain payments will be settled later, but put that in writing explicitly. Otherwise a dispute easily arises as to whether a payment was a final contribution, an advance payment or a loan.

Keep track of changes. An occasional deviation does not always mean that the entire arrangement has been replaced. If the situation changes structurally, seek timely advice on an adjustment rather than letting uncertainty persist for months.

Example: use of the home and costs become entangled

In a fictitious situation, one partner stays in the home with the children, while the other temporarily rents elsewhere. Each assumes that the other is paying the mortgage. Arrears threaten and the discussion about the eventual sale reaches deadlock.

A provisional arrangement can provide clarity about use and maintenance contributions, but the relationship with the bank and the final division must be worked out separately. The bank is not automatically bound by an agreement between the partners that one of them will pay everything from now on.

The case is therefore split into temporary financial security and the later settlement of assets. For that last step, the explanation about an ex-partner who refuses to sell the home may be relevant.

A temporary budget prevents conflicting requests

In addition to the measure you want, draw up an overview of the coming months. What income will come in, which costs must be paid and which costs arise from running two households? State who is actually paying now. This shows where the acute shortfall lies.

A mortgage that is paid directly, a contribution to a joint account and cash payments must be processed recognisably. Otherwise the parties may have different expectations about the same money. A temporary budget helps the lawyer align the requested maintenance contribution with how things work in practice.

Also note which items are only temporary, such as a short period of paying double rent. That may be important for the duration or form of an arrangement. Avoid assuming that every temporary cost automatically determines the final maintenance calculation. Circumstances may have changed by the time of the final decision.

Responding to a request from your partner

If you receive a request for provisional measures, read exactly which measures are being requested. Check the hearing date and the instructions for documents. A request concerning the use of the home may be linked to financial and child-related requests that also deserve a response.

Present your own practical alternative. If you dispute that the other partner should remain in the home, explain where both parties can live and what that means for the children and costs. If you dispute a contribution, provide up-to-date financial information and state which payments you are already making.

A response focused solely on the cause of the divorce is usually of little help with a temporary measure. Focus on what is needed now, what is feasible and what can be substantiated. Discuss with your lawyer whether you should make requests of your own, so that the court can put in place a workable and coherent arrangement.

After the decision, ask for a short implementation checklist. Who leaves the home and when, which belongings are handed over, what amount is paid on what date and which care arrangement begins? This prevents a clear legal decision from still grinding to a halt in practice.

Keep evidence of implementation, but do not turn every detail into a new conflict. Report substantial problems in good time and ask for a specific solution. If circumstances change structurally, it must be assessed whether the measure can be adjusted, instead of quietly disregarding the decision.

Frequently asked questions

Must I already have filed for divorce?

Under certain conditions, a request for provisional measures can precede the divorce petition. The statutory follow-up step must then be taken in time. In particular, have the four-week time limit monitored.

Does temporary use of the home determine who gets the house?

No. Use, ownership, mortgage and final division are separate issues. A provisional decision on use does not automatically transfer the home.

Can the court divide all debts straight away?

The specific provisional measures have a scope defined by law. A final division of assets requires a different or additional assessment. State which measure you need and why.

May I ignore a temporary contribution because I disagree with it?

No. Have the decision assessed and look into the available route for amendment. Unilaterally not paying can lead to arrears and enforcement.

Is a lawyer compulsory?

A lawyer is needed to file this application. Discuss the engagement, documents and costs in advance. The page on costs and subsidised legal aid will help with this.

How do I request a quick assessment?

State your specific deadline, your current housing and family situation and the missing temporary arrangement. Through family law at Arslan you can have it assessed which measure or other urgent route is appropriate.