What is partner maintenance?

Amount of partner maintenance

You and your ex-partner can make agreements about the amount of maintenance. This is usually done in consultation with a mediator, lawyer or civil-law notary. If you cannot agree, the court can set the amount.

Duration of partner maintenance

The length of time that partner maintenance needs to be paid depends mainly on the year in which you made the maintenance arrangement with your ex-partner, or in which the court determined the arrangement. On 1 January 2020 new rules for partner maintenance were introduced. 

Partner maintenance determined or agreed as of 1 January 2020

Partner maintenance will be paid for up to 5 years. However, this period may be shorter if the marriage or civl partnership lasted less than 10 years. In such a case, the ex-partner will receive partner maintenance for half the length of time the marriage or partnership lasted. If, for example, you were married for 8 years, then you or your partner must pay partner maintenance for 4 years.

There are 3 exceptions to the new rules:

• If you and your ex-partner have children together, partner maintenance must be paid until the youngest child reaches the age of 12.
• If the marriage or civil partnership lasted at least 15 years and the ex-partner receiving maintenance will be eligible for an old-age pension (AOW) within 10 years, then maintenance must be paid until the recipient becomes eligible for AOW.
• If you were born on or before 1 January 1970, your marriage or civil partnership lasted longer than 15 years, and you will not be eligible for AOW until more than 10 years from now, then maintenance must be paid for 10 years.

If more than one of the above circumstances is applicable, the longest maintenance period will apply.

Maintenance determined or agreed between 1 July 1994 and 31 December 2019

• If you and your ex-partner have children together: partner maintenance must be paid for up to 12 years. 
• If you and your ex-partner have no children and the marriage or civil partnership lasted longer than 5 years: partner maintenance must be paid for up to 12 years. 
• If you and your ex-partner have no children and the marriage or civil partnership lasted less than 5 years: partner maintenance must be paid for a period as long as the marriage or civil partnership lasted.

Maintenance determined or agreed before 1 July 1994

The length of time you receive partner maintenance depends on what you have agreed with your ex-partner, or what the court has determined. If nothing has been agreed or determined, then no fixed term is applicable. In certain cases, however, you can apply to the court to terminate the maintenance arrangement. 

Extending partner maintenance

If you will face serious problems in the event that your maintenance is stopped, you can apply to the court to extend the maintenance period. You and your ex-partner can also arrange a shorter or longer period between yourselves. This must be laid down in your divorce settlement or agreement.

Stopping partner maintenance if your ex-partner’s situation changes

If you pay maintenance, you may stop paying if your ex-partner:

• once again has sufficient income with which to support themselves; 
• marries, enters into a civil partnership or cohabits with someone else;
• dies.

Amending or stopping maintenance via the court

In order to amend or stop maintenance via the court you must always begin by submitting an application. You will need a lawyer to do this for you.

Unpaid partner maintenance

If the ex-partner obliged to pay maintenance fails to do so, the recipient can ask the Landelijk Bureau Inning Onderhoudsbijdragen – LBIO (national maintenance collection agency) to collect the maintenance.

Annual increase (indexation)

Maintenance amounts are adjusted once a year, on the basis of the rise in average earnings. This is called indexation. In November the government agency responsible sets the percentage by which child maintenance amounts will automatically change on 1 January of the new year.