Maintenance obligations in the Netherlands do not run indefinitely, and child maintenance (kinderalimentatie) and spousal maintenance (partneralimentatie) end in different ways. Child maintenance runs until the child turns eighteen and then continues as a contribution to a young adult’s living and study costs until the age of twenty-one. Spousal maintenance has a statutory maximum duration, which was substantially shortened for divorces from 1 January 2020.
Konbyen tan pansyon alimantè pou timoun nan ap peyab?
Child maintenance is payable until the child turns twenty-one. At eighteen, the person entitled to it changes from the parent to the child.
Until the child turns eighteen, the maintenance is paid to the parent with whom the child lives. From the eighteenth birthday the child is the creditor, and payment is in principle made to the child directly. A court order made before that date continues to apply; no new order is needed.
Between eighteen and twenty-one the obligation is based on article 1:395a BW. It continues whether or not the child is studying. Under article 1:392 lid 2 BW, the young adult does not have to show need (behoeftigheid) in the ordinary sense. The amount still depends on the young adult’s actual costs and on what the paying parent can afford.
After twenty-one the special obligation ends. A parent can only owe maintenance after that age on the ordinary rules, which require that the child cannot provide for themselves.
Konbyen tan pansyon alimantè pou mari oswa madanm nan ap peyab?
For divorces from 1 January 2020, maintenance is payable for half the duration of the marriage, with a maximum of five years. This follows from article 1:157 BW.
Three exceptions extend that period:
- Where the marriage lasted longer than fifteen years and the recipient will reach state pension age (AOW age) within ten years, maintenance continues until that age.
- Where the marriage produced children who have not yet turned twelve, maintenance continues until the youngest reaches twelve.
- A transitional rule applies to older recipients of long marriages: where the marriage lasted longer than fifteen years and the recipient was born on or before 1 January 1970, maintenance can run for up to ten years.
If more than one exception applies, the longest period counts. Divorces from before 2020 fall under the previous regime, under which the standard maximum was twelve years.
In what other ways does the obligation end?
Spousal maintenance also ends on the death of either party. Under article 1:160 BW it ends when the recipient remarries, enters into a registered partnership, or lives with another person as if they were married.
That last ground is often disputed, because the test is strict. The courts require an affective relationship of some duration, a joint household and mutual care. The party relying on the cohabitation has to prove it. Once it is established, the obligation ends permanently and does not revive if the new relationship ends.
Can the duration or amount be changed?
Yes. Parties can agree on a different duration, and the court can vary or terminate maintenance when circumstances have changed.
Under article 1:401 BW, a court order or agreement can be varied when circumstances have changed so that it no longer meets the statutory standards. Typical examples are a lower income, a new maintenance obligation, or a change in the recipient’s means. Parties can also agree that spousal maintenance cannot be varied (a non-variation clause, article 1:159 BW). Even then, the court can intervene if circumstances have changed so drastically that holding the paying party to the clause would be unacceptable by standards of reasonableness and fairness.
Kesyon yo poze souvan
Èske pansyon alimantè pou timoun nan sispann otomatikman a dizwitan?
No. The obligation continues, but the recipient changes: from the child’s eighteenth birthday it is in principle payable to the child. Continuing to pay the other parent after that date without a clear arrangement is a common and avoidable mistake.
Èske yo ka pwolonje pansyon alimantè pou mari oswa madanm nan pi lwen pase maksimòm nan?
Only in exceptional cases, where ending it would be so drastic that it cannot reasonably be required of the recipient. The recipient must file the request with the court within three months after the maintenance payments have ended.
E si ansyen patnè mwen an kòmanse viv ak yon lòt moun?
If the cohabitation meets the statutory test, the obligation ends. Because the test is strict and the consequence is permanent, these cases turn on evidence. Gather it carefully before you stop paying.
Lekti ki gen rapò
Gid konplè nou an pou pansyon alimantè nan Peyi Ba yo explains how the amounts are calculated, and our article on endèks eksplike ogmantasyon anyèl la.
An rezime
- Child maintenance runs until twenty-one; from eighteen it is in principle paid to the child.
- For divorces from 1 January 2020, spousal maintenance lasts half the duration of the marriage, with a maximum of five years, subject to three exceptions.
- Spousal maintenance ends on death, remarriage, registered partnership or cohabitation as if married (article 1:160 BW), and does not revive.
- Maintenance can be varied when circumstances change (article 1:401 BW), even with a non-variation clause if the change is drastic.
- A request to extend spousal maintenance must be filed within three months after payments end.
Ou pa sèten ki kote ou ye? Di nou kijan sitiyasyon w lan ye. N ap fè w konnen opsyon ou genyen nan yon jou ouvrab.
Kouman Law & More kapab ede w ak sa a eksplike sou nou an avoka divòs paj.
