Pensión alimenticia

Partner alimony in the Netherlands is the maintenance one former spouse pays the other after a divorce or the end of a registered partnership. We advise and assist both the paying and the receiving partner, including expats and couples with ties abroad. The first step is a free introductory meeting in which we look at your incomes, your agreements and the term that applies.

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¿EN QUÉ PODEMOS AYUDARLE?

• calculating partner alimony before or during a divorce;
• recording alimony agreements in the divorce agreement;
• requesting the court to set, change or end partner alimony;
• defending against a request for alimony or for an increase;
• ending alimony because your former partner cohabits with someone new;
• requesting an extension of the alimony term in an exceptional situation;
• collecting unpaid alimony.

When are you entitled to partner alimony?

You are entitled to partner alimony if you cannot fully provide for yourself and your former partner can afford to contribute. The court weighs your need against their ability to pay.

Under Article 1:157 of the Dutch Civil Code, the court can grant maintenance to a former spouse who lacks sufficient income and cannot reasonably acquire it. The obligation also applies after the end of a registered partnership. It does not apply to unmarried cohabitants, unless they have agreed it in a contract. You can read Book 1 of the Civil Code on Wetten.overheid.nl (en holandés).

¿ Necesita ayuda

Need (behoefte) is based on the standard of living during the marriage. Courts usually derive it from the net family income in the last years before the separation. Your own income, and the income you could reasonably earn, are deducted from that need.

Habilidad para pagar

Ability to pay (draagkracht) is calculated from the payer's net income, minus fixed costs and an amount for their own living expenses. Child support always takes priority over partner alimony. Courts work with the guidelines of the Expertgroep Alimentatienormen, known as the Tremanormen, which are updated every year.

How long does partner alimony last since 2020?

For divorces requested on or after 1 January 2020, partner alimony lasts half the length of the marriage, with a maximum of five years. Three statutory exceptions allow a longer term.

Situación	plazo máximo
Regla estándar	half the length of the marriage, up to five years
Niños bajo 12	until the youngest child turns 12
Marriage of more than 15 years, recipient within 10 years of state pension (AOW) age	until the recipient reaches AOW age
Marriage of more than 15 years, recipient born on or before 1 January 1970 (transitional rule)	diez años

For divorces requested before 1 January 2020, the old regime applies, with a maximum of twelve years in most cases. Spouses may also agree on a different term in their divorce agreement.

If ending the alimony would be so drastic that it cannot reasonably be required, the recipient can ask the court for an extension. Courts apply this hardship clause strictly. Take advice well before the term ends, so the request can be filed in time. Read also whether partner alimony automatically ends at AOW age.

When can partner alimony be changed or ended?

You can ask the court to change partner alimony when circumstances have changed since it was set. It ends automatically at the end of the term, on the death of either party, or when the recipient remarries or cohabits as if married.

Article 1:401 of the Dutch Civil Code allows a change when circumstances have changed, for example through job loss, a new job or retirement. A change can also be requested if the original decision was based on incorrect information. A court can apply a change retroactively, which may create a repayment obligation. Our article on alimony recalculation lo explica con más detalle.

Under Article 1:160 of the Dutch Civil Code, alimony ends for good when the recipient lives with someone as if they were married. Proving this requires facts, such as a shared household and shared costs. Read more in your ex has a new partner.

Non-amendment clause

Spouses can agree in writing that alimony may not be changed (niet-wijzigingsbeding), under Article 1:159 of the Dutch Civil Code. The court can then only intervene in exceptional cases. Such a clause gives certainty, but also removes flexibility, so weigh it carefully.

How are alimony payments indexed and collected?

Partner alimony is indexed by law every year on 1 January, using a percentage set by the Minister of Justice and Security. Unpaid alimony can be collected through a bailiff or through the National Maintenance Collection Agency (LBIO).

Indexation applies automatically, unless you have excluded it in your agreement. Many payers forget it, which leads to arrears. With a court decision or a notarial deed, you have an enforceable title. Arrears can then be collected, for example through an attachment of earnings.

¿Cómo funciona trabajar con Law & More funciona?

1. Introductory meeting: free of charge. We discuss your situation, your incomes and any existing agreements.
2. Advice and cost estimate: we calculate an indicative alimony amount and term, and estimate the costs of the route we propose.
3. Approach and negotiation: we negotiate with your former partner or their lawyer and record the outcome in writing.
4. Procedure or completion: if no agreement is reached, we file or defend a request at the district court.

What does a partner alimony lawyer cost?

Trabajamos con una tarifa por hora que acordamos previamente con usted. La tarifa para un abogado es de 250 a 350 euros (sin IVA) y para un socio de 300 a 400 euros (sin IVA).

The introductory meeting is free of charge. A one-off advice meeting without further assistance costs 300 euros including VAT. External costs, such as the court fee (griffierecht) and bailiff's costs, are charged separately. Legal aid exists through the Legal Aid Board (Raad voor Rechtsbijstand), but we do not work on that basis.

¿Quién se encarga de su caso?

Partner alimony cases are handled by our family law lawyers Aylin Acar, Michelle Marjanovic and Jade Vaneerdewegh. Puedes encontrarlos en nuestra página del equipo. For the divorce procedure itself, see solicitar el divorcio.

Preguntas frecuentes

How long do I have to pay partner alimony in the Netherlands?

For divorces requested from 1 January 2020, partner alimony lasts half the length of the marriage, with a maximum of five years. Longer terms apply if there are children under 12, or after a marriage of more than 15 years in specific age situations. You can also agree a different term with your former partner.

How is partner alimony calculated?

The court compares the recipient's need with the payer's ability to pay. Need is based on the standard of living during the marriage, minus the recipient's own (potential) income. Ability to pay follows from the payer's net income and fixed costs. Child support is calculated first, because it takes priority.

Does partner alimony end if my ex lives with a new partner?

Yes, if your ex lives with someone as if they were married, the obligation ends for good under Article 1:160 of the Dutch Civil Code. You must prove this with facts, such as a shared household. A relationship without living together is usually not enough.

Can I stop paying if I lose my job?

Not on your own initiative. You must ask your former partner to agree to a change, or ask the court to change the alimony under Article 1:401 of the Dutch Civil Code. Until then, the existing obligation remains in force, and arrears can be collected.

Do unmarried partners have to pay alimony?

No. Dutch law only provides for partner alimony after a marriage or registered partnership. Cohabitants can agree on maintenance in a cohabitation agreement. Child support, however, applies to every legal parent, married or not. Without a written agreement, a former cohabitant cannot claim maintenance for themselves.

Is partner alimony indexed every year?

Yes. Partner alimony is increased by law every 1 January by a percentage set by the Minister of Justice and Security. The increase applies automatically unless your agreement excludes it. If indexation has not been paid, the arrears can be claimed.

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