8 November 2012

Indexation 2013 of maintenance for children and spouses

By Susan Meijler

The amount of maintenance paid for children and spouses is subject to annual statutory indexation.

Each year, the amount by which maintenance payments are to be raised is determined by the Minister of Justice. This will also apply to the maintenance payment stipulated in your divorce agreement or temporary court order.

Percentage

In respect of 2013, the percentage is 1,7 %. This means the allowance concluded in your divorce agreement or temporary order will be automatically raised by 1,7% as of 1 January 2013. This percentage is based on the wage index determined by Statistics Netherlands (Centraal Bureau voor de Statistiek/CBS).

Adjustment

The person paying the maintenance is obliged to adjust the amount him/herself without a request to that effect from the entitled party. However, it is advisable to remind your ex-spouse in case he/she fails to make the necessary adjustment.

Example

Fortunately, any unpaid amount can be claimed retrospectively within a maximum period of five years. For example, in practice, this means:
If, in 2007 (or rather at the end of 2006) your maintenance was € 1.000 per month then, taking account of the percentage of indexation from 2007 until 2012, you can, should your spouse have failed to apply indexation, claim € 1.110,31 as unpaid maintenance. Moreover, from 2013 onward you will be entitled to € 1.129,19 a month.
If you are currently receiving € 2.000.00, you are now entitled to claim € 2.220,62 and the new alimony as of 2013 will be € 2.258,37.

Advice

If you have not been paid the indexation amount over the years, my advice is to inform your ex-spouse in writing pointing out he is legally obliged to pay.

Exceptions

There are, as ever, a couple of exceptions to the indexation rule when different arrangements have been made. This is the case when indexation is excluded (temporarily) by the judge or if the maintenance agreements date from before 1 January 1973; any arrangements made before this date about how the amount is to be increased will apply unimpaired.

Questions?

Should you have any questions on this subject or any other subject of family law, please don’t hesitate to contact me or our legal assistant Bianca Beekhuizen.

Susan Meijler

Susan Meijler

Lawyer

‘Justice, Understanding, and Determination as a Compass’

Related blogs

Previous slide
Next slide

27 January 2025

Relocating with Children: Consent Required from the Other Parent

Moving is a significant event, especially when children are involved. It becomes even more complex when parents are separated and share joint parental authority.

Read more

Read more about

8 January 2025

5 practical tips for effective divorce mediation

Once a couple have made the decision to break up, mediation can be a valuable means of resolving conflicts and reaching agreement in an emotionally charged situation. To ensure a smooth mediation process, we provide you with 5 practical tips for divorce mediation in the article below.

Read more

Read more about

2 January 2025

The effects of an overheated housing market in family law

It is common knowledge that the housing market in the Netherlands is overheated. This fact has also had an effect on a number of rulings in family law.

Read more

Read more about

30 December 2024

The benefits of divorce mediation

Divorce can be one of the most stressful events in a person’s life. It is a process that is not only emotionally taxing, but can also be complex in terms of legal settlement. In this context, mediation can offer a valuable alternative to engaging a lawyer. In this blog, you can read about some of the benefits of divorce mediation.

Read more

Read more about

11 November 2024

Shares under ‘’vesting‘’: to divide or not to divide at divorce

This blog discusses when shares obtained under vesting should and should not be divided in case of divorce.

Read more

Read more about
All articles