Many divorces also involve alimony. Good legal advice is crucial to achieving a favourable result.
A divorce does not not mean that it is the end of the partners’ respective (financial) duty of care. After a divorce, the partner who is less prosperous can request partner alimony. This quite often leads to problems which GMW lawyers can solve.
Alimony is calculated on the basis of, on the one hand, the need of the maintenance creditor (the person claiming alimony) and, on the other hand, the ability to pay of the maintenance debtor (the person who should pay alimony). This is specialist work. Knowledge of the law, case law and practical experience are essential for this.
From January 1, 2020, new rules apply regarding the duration of alimony. The duration of the alimony is equal to half the duration of the marriage or registered partnership, with a maximum of five years. For example, if you have been married for six years, the duration will be three years. There are 3 exceptions regarding the duration of partner alimony:
Exception 1: If you have children together, partner alimony will not stop until the youngest child has turned 12.
Exception 2: Did the marriage or registered partnership last at least 15 years? And will the maintenance creditor reach AOW pension age within 10 years? Then the maintenance obligation lasts until the person entitled to maintenance reaches AOW pension age.
Exception 3: Did the marriage or registered partnership last at least 15 years? Was the maintenance creditor also born on or before 1 January 1970? And will the maintenance creditor only reach AOW pension age in more than 10 years? Then the duration of the maintenance is 10 years.
In case of concurrence of the above circumstances, the longest term applies.
An established partner alimony can be changed if, for example, the financial situation or family situation of the payer and / or the recipient changes, unless other agreements have been made about this. Even if the partner alimony has been determined on the basis of incorrect data, an amendment is possible.
Partner alimony is taxed in the Netherlands by the receiving party and deductible by the payer. In case of lump sum payment of partner alimony or when you live abroad, different rules apply. Many expats do not owe income tax in the Netherlands and partner alimony is not always deductible for them.
GMW lawyers can calculate the amount of alimony to be paid, an important part of any divorce. We specialise in drafting agreements, giving advice and conducting proceedings regarding alimony for an ex-partner and maintenance for children, often for clients in complex situations including as internationals, entrepreneurs, directors, main shareholders and with complex family situations.
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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