14 September 2026
Drawing up maintenance arrangements; a good idea?
Is it worthwhile to record maintenance arrangements? In this article, I explain why it can be important to make clear arrangements on this issue.
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In the case of the divorce of an entrepreneur/director and major shareholder, specific subjects can arise which require the correct type of support.
GMW lawyers have a great deal of expertise in making sure that this kind of separation happens correctly.
Does the company have to be divided or deducted in the settlement, and if so at what value? In the case of a marriage, the question is whether the value of the company should be included in the settlement and when. This depends on conditions and specifically on the arrangement of the settlement of income. How is the value of the company or the shares determined and what happens to the goodwill? What happens when it is not possible to take any money out of the company? After all, the continuity of the company should not be jeopardised by the separation.
GMW lawyers has the experience and know-how to help you in these cases and support you through the process.
In the past many directors/major shareholders built up a pension (on paper) through their own management. Half of the pension built up during the marriage should, in principle, be paid to the other partner. However, exceptions are possible, depending on the financial health of the company. The payment must not jeopardise the continuity of your company. In practice, this gives rise to a great deal of discussion. GMW lawyer will find the best possibilities for our clients.
Is it only the salary of the director/major shareholder that is decisive, or also money which is taken from the current account and/or dividend payments? How much liquidity can be released from the company for alimony? Are the figures in the year of the divorce different from other years? Should money be reserved for investments? Calculating the alimony for entrepreneurs requires understanding and specific expertise. We have this expertise in-house.
GMW lawyers will be happy to help you with your divorce. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our divorce lawyers will be happy to support and advise you.
GMW lawyers will be happy to help you with all your legal divorce issues. Feel free to contact us if you have any legal questions.
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14 September 2026
Drawing up maintenance arrangements; a good idea?
Is it worthwhile to record maintenance arrangements? In this article, I explain why it can be important to make clear arrangements on this issue.
Read more
10 September 2026
Interest rate compensation when dividing the marital home after divorce
A divorce often involves difficult decisions. One of the most significant questions is what should happen to the jointly owned home.
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26 August 2026
Divorce Day
On Friday 11 September 2026, it will be Divorce Day. This day was established by the Association of Family and Inheritance Lawyers Divorce Mediators (vFAS). On Divorce Day, you can visit us for free personal advice.
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20 August 2026
Does personal injury compensation remain private property in the event of divorce?
On 4 March 2025, the Arnhem-Leeuwarden Court of Appeal gave a judgment illustrating how complex the division of personal injury compensation can be in divorce proceedings.
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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.
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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.
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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.
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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.
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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?
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