Maintenance law

After the marriage has been dissolved, the liability for maintenance between the former spouses remains. Consequently, one spouse may be required to pay alimony to the other (this is referred to as ‘matrimonial maintenance’). If the spouses had children, the parents remain responsible for the children’s living expenses, which means that the parent with custody often receives a contribution to the costs of the children’s care and education (i.e. alimony). The amount and duration of the alimony varies from person to person: each situation is different , which means that each case must be assessed on an individual basis. As such, figures do not tell the whole story, particularly not when there is a business involved. In those cases, a lawyer must be able to analyze a company’s financial statements and company structure, and BANNING’s family lawyers have the specialized knowledge required to do this.

The amount of child and spousal maintenance is indexed on an annual basis. For the determination of the percentage the Minister of Justice uses the wage index. Statistics Netherlands determinesthewage index on the basis of the salary trends in the business sector and government organizations. It is possible not to apply the statutory indexation in consultation. For instance at the moment of divorce, or later, the parties may agree to disregard indexation (temporarily) or to use an alternative method of indexation. If such an arrangement has not been agreed, the statutory indexation will apply.