Spousal maintenance is a financial support payment that an ex-partner makes when the other cannot independently provide for their own livelihood after a divorce. The statutory rules for this apply throughout the Netherlands, including in Westland.
Basis for Spousal Maintenance
The obligation to pay spousal maintenance arises from the bond created during the marriage. Even after a divorce, there remains a responsibility to support the ex-partner if they are not self-sufficient.
Conditions for Maintenance
The right to spousal maintenance in Westland arises under the following circumstances:
- The receiving party has a financial need (cannot provide for their own maintenance).
- The paying party has sufficient capacity to pay (can afford the contribution).
- There was a marriage or registered partnership.
How Is Maintenance Calculated?
| Step | Element to Calculate |
|---|---|
| 1. Financial Need | What amount is needed for the recipient? |
| 2. Self-Sufficiency | To what extent can the recipient contribute themselves? |
| 3. Capacity to Pay | What can the payer financially afford? |
| 4. Balancing | The final amount is the lowest of the need and capacity to pay. |
Court Norm Guideline
In Westland, the 'court norm' is often used as a guideline for determining need: approximately 60% of the net family income during the marriage, after deduction of child costs. This is a guideline, not a mandatory requirement.
Duration of the Maintenance Obligation
Under the Act on Revision of Spousal Maintenance (since 2020), the following periods apply in Westland:
| Circumstance | Maximum Period |
|---|---|
| Standard Case | Half of the marriage duration, with a maximum of 5 years |
| Marriage > 15 years + recipient < 10 years from state pension age | Until state pension age |
| Children younger than 12 years | Until the youngest child is 12 years old |
| Marriage > 15 years + recipient 50+ (born before 1970) | Maximum 10 years |