30 July 2026
How is maintenance for young adults determined in divorce proceedings?
How exactly are maintenance contributions for young adults determined in divorce proceedings? The Dutch Supreme Court provided clarification on this issue.
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Many divorces also involve alimony. Good legal advice is crucial to achieving a favourable result.
A divorce does not not mean that it is the end of the partners’ respective (financial) duty of care. After a divorce, the partner who is less prosperous can request partner alimony. This quite often leads to problems which GMW lawyers can solve.
Alimony is calculated on the basis of, on the one hand, the need of the maintenance creditor (the person claiming alimony) and, on the other hand, the ability to pay of the maintenance debtor (the person who should pay alimony). This is specialist work. Knowledge of the law, case law and practical experience are essential for this.
From January 1, 2020, new rules apply regarding the duration of alimony. The duration of the alimony is equal to half the duration of the marriage or registered partnership, with a maximum of five years. For example, if you have been married for six years, the duration will be three years. There are 3 exceptions regarding the duration of partner alimony:
Exception 1: If you have children together, partner alimony will not stop until the youngest child has turned 12.
Exception 2: Did the marriage or registered partnership last at least 15 years? And will the maintenance creditor reach AOW pension age within 10 years? Then the maintenance obligation lasts until the person entitled to maintenance reaches AOW pension age.
Exception 3: Did the marriage or registered partnership last at least 15 years? Was the maintenance creditor also born on or before 1 January 1970? And will the maintenance creditor only reach AOW pension age in more than 10 years? Then the duration of the maintenance is 10 years.
In case of concurrence of the above circumstances, the longest term applies.
An established partner alimony can be changed if, for example, the financial situation or family situation of the payer and / or the recipient changes, unless other agreements have been made about this. Even if the partner alimony has been determined on the basis of incorrect data, an amendment is possible.
Partner alimony is taxed in the Netherlands by the receiving party and deductible by the payer. In case of lump sum payment of partner alimony or when you live abroad, different rules apply. Many expats do not owe income tax in the Netherlands and partner alimony is not always deductible for them.
GMW lawyers can calculate the amount of alimony to be paid, an important part of any divorce. We specialise in drafting agreements, giving advice and conducting proceedings regarding alimony for an ex-partner and maintenance for children, often for clients in complex situations including as internationals, entrepreneurs, directors, main shareholders and with complex family situations.
GMW lawyers will be happy to help you with your divorce. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our divorce lawyers will be happy to support and advise you.
GMW lawyers will be happy to help you with all your legal divorce issues. Feel free to contact us if you have any legal questions.
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30 July 2026
How is maintenance for young adults determined in divorce proceedings?
How exactly are maintenance contributions for young adults determined in divorce proceedings? The Dutch Supreme Court provided clarification on this issue.
Read more
6 July 2026
Deferring a claim for division of the home
Upon divorce or separation, the home may be allocated to either party. This is particularly the case where the property is jointly owned and the home is not sold.
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6 July 2026
How to get a prenuptial agreement in the Netherlands
Just like drawing up a will, in many countries it is normal to contact a lawyer (or solicitor) to draw up a prenuptial agreement.
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18 June 2026
The business in the event of divorce with a prenuptial agreement including a periodic set-off clause that has not been implemented
What about the set-off of the business’s value? In this article, we’ll explain various situations.
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10 June 2026
How should unequal contributions to a jointly owned pre-marital home be handled in the event of divorce?
On 21 March 2025, the Dutch Supreme Court clarified how unequal financial contributions to a home purchased jointly before marriage should be treated. Before the marriage, one partner may have a claim against the other because they contributed more to the purchase price. But what happens when the couple later marries under the regime of the limited community of property?
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7 May 2026
Waiving spousal maintenance by email: is that possible?
Can someone waive spousal maintenance through a simple email? This exact question arose in proceedings before the Rotterdam District Court. The case demonstrates that changes to maintenance arrangements must be handled with care.
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11 March 2026
How can you prevent an inheritance from ending up with your child’s partner?
When drawing up a will, consideration is given to how the inheritance will be distributed. This is recorded in the will. A possible wish is to ensure that your future inheritance does not end up with your child’s partner.
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5 March 2026
Marriage declared invalid due to use of ChatGPT during the ceremony
On 5 January 2026, the Court of Overijssel declared a marriage null and void because the speech delivered during the marriage ceremony did not comply with the requirements of the Dutch Civil Code (ECLI:NL:RBOVE:2026:23). Notably, the speech had been prepared with the assistance of ChatGPT.
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16 February 2026
Check your prenuptial agreement
Before or during marriage, spouses often enter into a prenuptial agreement. In this article, we focus specifically on prenuptial agreements that were concluded many years ago.
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