Spousal Support: Everything You Need to Know

Spousal support is a financial obligation that may arise after a divorce, whereby one ex-partner contributes to the livelihood of the other ex-partner. This obligation applies when one of the partners does not have sufficient income to support their lifestyle. In this comprehensive article, we will discuss all important aspects of spousal support, from the conditions and calculations 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 maintain their standard of living. After a divorce, the legal obligation to financially support each other remains, even though the partners are no longer married or in a registered partnership. The purpose of spousal support is to ensure that the financially weaker party can meet their basic needs following the divorce.

When is spousal support required?

Spousal support is not always applicable, but in the following situations, an obligation may indeed arise:

• Insufficient income: The receiving ex-partner does not have sufficient income to meet their own living expenses, and it cannot be expected that they will soon generate enough income.
• Capacity of the paying ex-partner: The ex-partner who must pay alimony has sufficient financial resources (capacity) to fulfil this obligation.
• No waiver of alimony: No waiver of the right to spousal support was included in the divorce documents.

The right to spousal support can be excluded through mutual agreements between the partners. This must be clearly recorded in the divorce settlement or the marriage contract.

How is spousal support calculated?

The amount of spousal support is determined based on the need of the recipient and the capacity of the paying partner. The following factors play a role:

• Need 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 continue their lifestyle as much as possible, as it was before the divorce. This calculation takes into account fixed costs, income, and other expenses.
• Capacity of the paying partner: This is the amount the paying ex-partner can spare after deducting their own costs and expenses, such as housing costs, healthcare costs, and possibly child support. Here it applies that the paying ex-partner does not have to pay more than they can financially afford.

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

Duration of spousal support

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

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

2. Shorter marriage (less than 10 years): If the marriage or registered partnership lasted less than 10 years, the requirement for spousal support is half the duration of the marriage or registered partnership. For example, for a marriage of 6 years, a spousal support obligation of 3 years applies.

3. Exceptions:

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

Termination of spousal support

The spousal support obligation automatically ends if:

• The ex-partner who receives alimony remarries, becomes a registered partner, or cohabits as if they were married.
• The recipient of alimony gets enough income in other ways to independently support their lifestyle.
• The maximum term for spousal support has expired.
• One of the ex-partners dies.

In some cases, the spousal support obligation may end earlier if the recipient’s financial situation changes, for example, due to a higher income or the acquisition of wealth.

Modifying spousal support

Circumstances may arise that make the previously determined alimony no longer appropriate. Either the recipient or the payer can, in that case, submit a request to modify the alimony. For instance, when:

• The income of one of the ex-partners significantly changes, for example, due to losing a job or promotion.
• The paying ex-partner remarries or cohabits, resulting in higher costs.
• The receiving ex-partner cohabits with a new partner.
• The cost of living has significantly changed, for instance, due to health reasons.

A modification of spousal support can be arranged through mutual agreements, but if that’s not possible, the court can make a decision.

What happens if the alimony is not paid?

If the obligor refuses to pay, the recipient can involve the National Maintenance Collection Agency (LBIO). This agency can collect the alimony from the non-paying ex-partner. The LBIO can impose an income attachment or take other measures to ensure that the alimony is still paid.

Spousal support and tax

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

Conclusion

Spousal support is an important and complex issue in divorces. It’s essential to make good agreements about the amount and duration of the alimony, and to clearly record these agreements in the divorce settlement. At Arslan Advocaten, we offer expert advice and support in determining, modifying, or terminating spousal support. Do you have questions about your alimony rights or obligations? Please contact us for a non-committal advice meeting.