10 August 2022

Continue working after retirement and payment of maintenance?

By Nikita Josipovic

As a divorce lawyer, I frequently get asked whether partner maintenance needs to be paid even after retirement.

In other words, what happens if you have to pay maintenance and you reach retirement age; do you still have to keep paying maintenance or can you stop doing so? In this blog post I will give you my advice on retirement and maintenance payments.

What does the law say about retirement and maintenance payments?

Legally speaking, the maintenance period continues after the retirement date. This means that you must also continue to pay partner maintenance. But what happens if you can no longer pay partner maintenance because your income falls, such as when you retire? In that case, can you be forced to continue working after the retirement date? The answer to that question is obvious: no, you may stop working and therefore you may also stop paying maintenance. The only condition is that your former partner must agree. If your former partner does not agree, you will have to go to court.

Going to court

Does your former partner not agree to the termination of the partner maintenance after your retirement? Then you will have to go to court. In this situation it is obviously important whether your former partner also receives a pension and an old-age pension benefit. If you and your former partner accrued pension together during your marriage or registered partnership, it is highly likely that pension equalisation was part of the divorce agreement. The court will consider all the facts and circumstances. The main features are as follows:

stop working + reduction of ability to pay (what you can pay) = nil maintenance or at least a reduction in maintenance payments.

Exceptions

However, there are exceptions. I came across such an exception in a ruling by the District Court of Oost-Brabant in March 2022.

The man continued to work after retirement because he needed to support his new family. He asked his divorce lawyer if he could stop paying maintenance and the lawyer, in the man’s name, applied to the court. The man was of the opinion that his income from work should not be taken into account when calculating his ability to pay, as he was not obliged to continue working. However, the court held that the man had made the choice to continue working, and he should use this actual income to meet his maintenance obligation. The man does not have the free choice to dispose of his actual income, given the maintenance obligation towards his former partner. In this case, the former partner did not yet receive a pension or an old-age pension benefit.

A striking statement in my opinion, because you could draw the conclusion that if he really did stop working, his former partner would receive no maintenance, or much less. It is not a choice of the man, as the court puts it, but an accomplished fact; the man must continue to work in order to be able to pay for his current family and his former partner.

Given the future ageing of the population in the Netherlands, this is a situation that will certainly come up for discussion more often.

My advice on retirement and maintenance payments?

Do you need advice on calculating partner and/or child maintenance? Do you want to record the maintenance agreements? Or do you want advice on whether it is possible to change the amount of the maintenance? Please don’t hesitate to contact us.

Related blogs

Previous slide
Next slide

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

Read more about

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.

Read more

Read more about

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.

Read more

Read more about

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.

Read more

Read more about

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?

Read more

Read more about
All articles