Indexation of child and spousal maintenance 2026

Around mid-November each year, the Minister for Legal Protection determines the percentage by which maintenance will increase as from the 1st of January of the following year. This applies to both spousal maintenance and child maintenance laid down in a divorce settlement agreement, a parenting plan, or determined by the court. This means that if you are the person paying maintenance, you will have to pay a higher monthly amount from the 1st of January 2026.

Indexation percentage

The percentage by which maintenance increases is determined by the Minister for Legal Protection. In setting this percentage, the Minister takes into account wage increases and/or decreases.

For the coming year, 2026, the indexation percentage is 4.6%.

Adjustment of the maintenance amount

The person paying maintenance must apply the increase themselves and transfer the correct, indexed amount to the recipient of the maintenance. It may be the case that the maintenance payer is unaware of the statutory indexation. If so, do not hesitate, as the maintenance recipient, to draw their attention to it.

The maintenance payer is obliged to apply the indexation, unless statutory indexation has been excluded.

No statutory indexation

Under Article 1:402a(1) of the Dutch Civil Code, maintenance amounts increase annually. However, statutory indexation may not apply in certain situations. This is the case if the court has ruled that statutory indexation is excluded, or if different arrangements have been agreed.

Exclusion of statutory indexation is only possible in the case of spousal maintenance. Statutory indexation of child maintenance cannot be excluded. Child maintenance must always be indexed.

Unpaid indexation

If the maintenance payer has failed to apply the statutory indexation, it is possible to claim the unpaid maintenance retroactively for a maximum period of five years. It is up to the maintenance recipient to point this out to the maintenance payer and to request payment of the outstanding amount. Depending on the level of maintenance, this can amount to a substantial sum.

To recover unpaid maintenance, the National Maintenance Collection Agency (LBIO) can be engaged.

More information

If you have any questions about the statutory indexation of maintenance payments or other family law matters, we will be happy to assist you. Please feel free to contact us for advice.