Waiving spousal maintenance by email: is that possible?

In a judgment of the Rotterdam District Court, a man requested that spousal maintenance be terminated. He based his request on an email from his ex-wife in which she stated that she no longer wished to receive maintenance. The court did not agree. Why not?

The facts

The man and woman had been divorced for several years. In their divorce settlement agreement and a supplementary agreement, they had made arrangements regarding spousal maintenance. The man was required to pay €125 per month, without annual indexation. If the woman earned more than €950 per month, the maintenance would be reduced. Any income above this amount would be deducted from the maintenance payment by half.

The woman later sent an email stating that she no longer wished to receive maintenance. The man subsequently asked the court to terminate the maintenance obligation.

The proceedings

However, the woman also submitted a request. Instead of waiving maintenance, she requested an increase. She asked the court to order the man to pay higher maintenance retroactively from the date of the divorce. The man responded by arguing that the woman had earned more than €950 per month from the start and that he had therefore paid too much maintenance.

The judgment

The man argued that the woman had waived her right to spousal maintenance by email. Under Article 1:158 of the Dutch Civil Code, parties may make agreements regarding maintenance obligations through a contract. The question therefore arose whether the woman’s email could be regarded as such an agreement.

The court did not ultimately answer that question. Instead, it ruled that the woman was not authorised to waive maintenance by email. At the time the email was sent, she was under financial guardianship (bewind). Without the consent of her administrator, her decision was not legally valid. As a result, the email was void.

The court also addressed the woman’s request for increased maintenance. It held that there had been no gross disregard of the statutory standards when the settlement agreement was drafted. The arrangements agreed between the parties therefore remained in force.

It did, however, appear that the woman had earned more than €950 per month from the outset. As a result, the man had paid too much maintenance. The court ruled that the woman must repay this amount.

What does this mean for you?

This case shows how important it is to handle maintenance arrangements carefully. An email is not always sufficient to change legally binding agreements.

More information

Do you have questions about maintenance or would you like advice about your situation? Please feel free to contact us. We will be happy to assist you.