Drawing up maintenance arrangements; a good idea?

Child maintenance and spousal maintenance

There are two different types of maintenance: child maintenance and spousal maintenance. Spousal maintenance is a contribution paid by one former partner to the other. It only applies after the breakdown of a marriage or registered partnership. In the case of cohabitants, spousal maintenance is generally not available, unless they have made notarial arrangements to that effect. Child maintenance is, in principle, mandatory where parents separate and there are minor children.

Recording maintenance arrangements

Maintenance can be determined by the court or agreed between the parties. It is advisable to have the amount of maintenance calculated and recorded by a lawyer or mediator. This helps ensure that neither too much is paid nor too little is received. It is important that the arrangements are laid down in writing. If the maintenance debtor refuses to pay, written arrangements make enforcement and collection considerably easier. GMW lawyers can of course assist you with this.

Statutory indexation

Each year, around October/November, the Minister for Legal Protection determines the percentage by which maintenance must be increased, the so-called statutory indexation. The indexation applicable as of 1 January 2026 is 4.6%. The indexation for 2027 has not yet been announced.

In practice, many maintenance debtors are unaware of the annual increase. For example, they do not receive a personal letter or notification from the government explaining that they must apply indexation.

The annual increase is provided for in Article 1:402a(1) of the Dutch Civil Code. That article states that maintenance amounts fixed by court order or agreement are automatically adjusted each year by a percentage corresponding to the wage index as at 30 September of the relevant year compared with the previous year. In principle, this means that each maintenance debtor is personally responsible for increasing the amount payable each year. This applies to both child maintenance and spousal maintenance, unless the parties or the court have excluded indexation.

If the recipient notices that the debtor is not paying the correct indexed amount, it is up to the recipient to point this out. The debtor is obliged to pay the indexed amount. If payment still does not follow after a request from the recipient, the recipient may take steps to recover the unpaid amounts. Unpaid indexation can be recovered retrospectively for up to five years.

No indexation

If child maintenance and/or spousal maintenance has not been laid down in a court order or in a written agreement, for example because it was agreed orally, then enforcement or collection is not possible.

It is therefore wise to instruct a lawyer or mediator to have the maintenance arrangements formally recorded. The lawyers at GMW can assist you with this.

Increase or decrease of maintenance

Have the circumstances on which the maintenance amount was based changed? If so, it is advisable to seek advice on whether the maintenance can be modified. GMW lawyers can also assist you with this.

Need advice?

Do you need advice on calculating spousal and/or child maintenance? Would you like your maintenance arrangements to be formally recorded or would you like to know whether the amount of maintenance can be changed? Please do not hesitate to contact us.