Partner spousal maintenance is a financial support that an ex-partner pays when the other, after a divorce, cannot independently provide for their own maintenance. The statutory rules for this apply throughout the Netherlands, including in Utrecht.
Basis of Partner Spousal Maintenance
The obligation to pay partner spousal maintenance arises from the bond created during the marriage. Even after a divorce, there remains a responsibility to support the ex-partner if they are not self-sufficient.
Conditions for Spousal Maintenance
The right to partner spousal maintenance in Utrecht arises under the following circumstances:
- The receiving party has a financial need (cannot provide for themselves).
- The paying party has sufficient capacity to pay (can afford the contribution).
- There was a marriage or registered partnership.
How Is Spousal Maintenance Calculated?
| Step | Description |
|---|---|
| 1. Need | What does the recipient need to live on? |
| 2. Own Provision | To what extent can the recipient generate their own income? |
| 3. Capacity to Pay | What can the payer financially spare? |
| 4. Balancing | The lowest amount of need and capacity to pay is decisive. |
Court of Appeal Norm Guideline in Utrecht
The need is often determined using the court of appeal norm: approximately 60% of the net family income during the marriage, after deduction of child costs. This is a guideline and not a mandatory requirement, also in Utrecht.
Duration of the Maintenance Obligation
Under the Spousal Maintenance Revision Act (since 2020), the following periods apply in Utrecht:
| Circumstance | Maximum Period |
|---|---|
| Standard situation | Half of the marriage duration, maximum 5 years |
| Marriage > 15 years + recipient < 10 years from state pension age | Until state pension age |
| Children younger than 12 years | Until the youngest child is 12 years old |
| Marriage > 15 years + recipient 50+ (born before 1970) | Maximum 10 years |
Can I waive partner spousal maintenance in Utrecht?
Yes, in a divorce settlement agreement in Utrecht, you can agree that no maintenance will be paid. This is called a 'nihil clause'. Note that in the event of later changes in your situation, you may no longer be able to claim maintenance.Is spousal maintenance in Utrecht adjusted annually?
Yes, in Utrecht and throughout the Netherlands, partner spousal maintenance is increased each year on 1 January by a percentage set by the Minister of Justice, based on wage increases.Can I have the spousal maintenance adjusted in Utrecht?
Yes, in the event of changed circumstances such as unemployment, a new partner, or income changes, you can submit a request to the court in Utrecht or enter into a new agreement with your ex-partner.Frequently Asked Questions about Partner Spousal Maintenance in Utrecht
What is partner spousal maintenance and who is eligible for it in Utrecht?
Partner spousal maintenance is a financial contribution that an ex-partner pays if the other cannot provide for their own maintenance after the divorce. In Utrecht, the national rules apply: the right to maintenance exists in case of financial need, capacity to pay of the payer, and a former marriage or partnership.How is the amount of spousal maintenance determined in Utrecht?
The calculation of partner spousal maintenance in Utrecht proceeds in four steps: determining the need, assessing own income, determining capacity to pay, and comparing these amounts. For assistance, you can contact a legal advisor in Utrecht.What is the court of appeal norm and how does it work in Utrecht?
The court of appeal norm is a guideline for determining maintenance need, based on 60% of the net family income during the marriage minus child costs. In Utrecht, this is used as an indication, not as a strict rule.How long do I have to pay partner spousal maintenance in Utrecht?
The duration of spousal maintenance in Utrecht depends on your situation: normally this is half of the marriage duration with a maximum of 5 years. For long marriages or young children, longer periods may apply. A legal advisor in Utrecht can inform you about this.Can I waive partner spousal maintenance in Utrecht?
Yes, in Utrecht you can stipulate in a divorce settlement agreement that no maintenance will be paid, also known as a 'nihil clause'. However, this may entail risks in the event of future financial changes.Practical Information for Utrecht
For legal support in Utrecht, you can go to:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht