Spousal support: Everything you need to know

Spousal support is a financial obligation that can arise after a divorce, whereby one ex-partner contributes to the living expenses of the other ex-partner. This obligation applies when one of the partners has insufficient income to provide for his or her own living expenses. In this comprehensive article, we discuss all the important aspects of spousal support, from the conditions and calculation to the duration and termination of the obligation.

What is spousal support?

Spousal support is a monthly contribution that one ex-partner pays to the other to help cover the latter’s living expenses. After a divorce, the legal obligation to provide financial support for each other remains in place, even though the partners are no longer married or registered partners. The purpose of spousal support is to ensure that the financially weaker party can meet his or her basic needs after the divorce.

When is spousal support required?

Spousal support does not always apply, but in the following situations an obligation can arise:

• Insufficient income: The receiving ex-partner does not have sufficient income to provide for living expenses, and it cannot be expected that he or she will generate sufficient income quickly.
• Financial capacity of the paying ex-partner: The ex-partner who must pay spousal support has sufficient financial means (financial capacity) to meet this obligation.
• No waiver of spousal support: The divorce documents do not waive the right to spousal support.

The right to spousal support can be excluded in mutual agreements between the partners. This must then be clearly recorded in the divorce settlement agreement or the prenuptial agreement.

How is spousal support calculated?

The amount of spousal support is determined based on the needs of the recipient and the ability to pay of the paying partner. The following factors play a role:

• Needs of the recipient: This is calculated based on the standard of living during the marriage or registered partnership. The receiving ex-partner should be able to maintain, as much as possible, the same standard of living as before the separation. This calculation takes into account fixed expenses, income, and other expenditures.
• Financial capacity of the paying partner: This is the amount the paying ex-partner can spare after deducting his or her own costs and expenses, such as housing costs, healthcare costs, and any child support. The paying ex-partner does not have to pay more than he or she can afford.

Calculating spousal maintenance can be complicated because many factors play a role, including both parties’ incomes, housing costs, other obligations, and special circumstances. A lawyer can help create a tailored maintenance calculation.

Duration of spousal maintenance

Since 1 January 2020, the legislation regarding the duration of spousal maintenance has changed. The duration of the maintenance obligation is now, in most cases, shorter than before. The current rules are as follows:

1. Maximum duration of 5 years: In most cases, the maintenance period is a maximum of five years. This applies to marriages or registered partnerships that ended after 1 January 2020.

2. Shorter marriage (less than 10 years): If the marriage or registered partnership lasted less than 10 years, the maintenance obligation equals half the length of the marriage or registered partnership. For example: for a 6-year marriage, the maintenance obligation is 3 years.

3. Exceptions:

   • Young children: If there are joint children and the youngest child is not yet 12 years old, the spousal maintenance obligation continues until the youngest child turns 12.
   • Long marriage and state pension age: If the marriage has lasted longer than 15 years and the recipient will reach the state pension age within 10 years, spousal maintenance continues until the recipient reaches the state pension age.
   • Older partner (born before 1970): If the recipient was born before 1970 and the marriage has lasted longer than 15 years, the spousal maintenance obligation is 10 years instead of 5 years.

Termination of spousal maintenance

The spousal maintenance obligation automatically ends if:

• The ex-partner who receives spousal maintenance remarries, enters into a registered partnership, or starts cohabiting as if they were married.
• The alimony recipient receives sufficient income by other means to support themselves independently.
• The maximum term for alimony has expired.
• One of the ex-partners dies.

In some cases, the alimony obligation may end earlier if the financial situation of the alimony recipient changes, for example due to a higher income or the acquisition of assets.

Change alimony

There may be circumstances in which the previously established alimony is no longer appropriate. In that case, both the alimony recipient and the alimony payer can submit a request to change. This can be the case, for example, when:

• The income of one of the ex-partners changes significantly, for example due to job loss or a promotion.
• The paying ex-partner remarries or cohabits and therefore incurs higher expenses.
• The receiving ex-partner is living with a new partner.
• The cost of living has changed significantly, for example due to health reasons.

A change to alimony can be arranged through mutual agreement, but if that is not possible, the court can make a decision about it.

What happens if the alimony is not paid?

If the alimony payer refuses to pay, the alimony recipient can call in the Landelijk Bureau Inning Onderhoudsbijdragen (LBIO) to intervene. This agency can collect the alimony from the non-paying ex-partner. The LBIO can garnish wages or take other measures to ensure that the alimony is still paid.

Alimony and taxes

Alimony is tax-deductible for the paying partner and taxable for the receiving partner. This means that the paying ex-partner can deduct the alimony from taxable income, while the receiving ex-partner must declare the alimony received as income on the tax return.

Conclusion

Spousal support is an important and complex issue in divorces. It is essential to make clear agreements about the amount and duration of the support, and to record these agreements clearly in the divorce settlement. At Arslan Advocaten we offer expert advice and assistance in establishing, modifying, or terminating spousal support. Do you have questions about your spousal support rights or obligations? Please contact us for a no-obligation consultation.