Pain and Suffering Compensation in the Marital Community of Property | Utrecht
For residents of Utrecht who are married under community of property, the division of pain and suffering compensation in personal injury cases is a key issue. Pain and suffering compensation is a personal right and does not form part of the common estate, so it is assessed separately by the District Court of Utrecht in cases of divorce or death.
What is pain and suffering compensation and how does it work in a Utrecht marriage?
Pain and suffering compensation covers non-pecuniary personal injury damage, such as physical and mental suffering, depression, and loss of enjoyment of life following an accident or unlawful act. Unlike pecuniary compensation (e.g., medical costs or loss of income), which is often shared, pain and suffering compensation remains the private property of the individual.
In Utrecht, where many couples marry under community of property (the default after the 2018 Community of Property Limitation Act, unless otherwise chosen), assets acquired during the marriage are joint. Personal claims such as pain and suffering compensation are excluded. So if one spouse in Utrecht sustains injury and receives a payout, it belongs exclusively to that person.
Legal basis
The rules are set out in the Civil Code (CC):
- Article 6:106 CC: Governs liability for unlawful acts, including pain and suffering compensation for non-pecuniary damage.
- Article 1:94 CC: Exclusive property in community of property; paragraph 2(d) specifically mentions claims for unlawful acts relating to one's own body or health. Pain and suffering compensation falls under this.
- Article 1:85 et seq. CC: Basic rules for community of property.
In divorce proceedings in Utrecht, the District Court of Utrecht applies Article 3:179 et seq. CC for division of assets, excluding personal property. Supreme Court rulings, such as ECLI:NL:HR:2013:CA2452 (20 December 2013), confirm that pain and suffering compensation remains personal unless mingled with community funds.
Practical examples from Utrecht
Take Anna and Ben from the Lombok neighborhood in Utrecht, married under community of property. Anna has a cycling accident and receives €50,000 in pain and suffering compensation: this belongs solely to her, not Ben. If she deposits it into the joint account, it may become partly communal.
Or: Ben from Overvecht suffers a workplace injury. His €30,000 pain and suffering compensation claim stays outside the common estate. Upon divorce before the District Court of Utrecht, it remains his property. Upon death, it may pass to heirs, depending on marital conditions.
| Situation | Pain and Suffering Compensation in Utrecht Community of Property? | Effect upon Divorce |
|---|---|---|
| Injury to one spouse | No (art. 1:94 CC) | Remains private |
| Pecuniary damage (income) | Yes, if joint | Split |
| Mingled in joint account | Possibly in part | Proof required |
| Death | No, personal | Passes to estate |
Rights and obligations for Utrecht residents
Rights:
- Exclusive right to pain and suffering compensation for the injured spouse.
- No obligation to share unless mingled.
- Upon divorce: Provide proof of personal nature (e.g., statements to the District Court of Utrecht).
Obligations:
- Manage pain and suffering compensation separately to avoid mingling.
- Transparency in claims: The other spouse must cooperate (art. 1:89 CC).
- If mingled: Apply set-off (art. 1:102 CC).
Frequently asked questions for Utrecht
Do I have to share pain and suffering compensation with my partner in Utrecht?
No, it is exclusive property and remains private unless mingled. Contact Het Juridisch Loket Utrecht if unsure.
What if it is deposited in a joint account in Utrecht?
It may then be partly communal. Prove the personal portion with a separate account or notarial deed.
Does this apply with marital property conditions in Utrecht?
No, conditions may differ. Check your notarial deed.
Impact on maintenance in Utrecht divorces?
Not counted as income for spousal maintenance, but possibly for child maintenance via increased available income.
Tips for Utrecht residents
Avoid disputes:
- Deposit into the injured party's personal account.
- Opt for limited community of property via a Utrecht notary if at risk.
- Document everything: Keep payout letters and transactions.
- Seek advice on injury claims at Het Juridisch Loket Utrecht for free initial consultation or the District Court of Utrecht.
Read more: Article on Personal Injury and Divorce or Marital Property Regimes.
This article (approx. 1050 words) reflects legislation as of 2023. Check wetten.overheid.nl for updates.