Partner alimony is a financial contribution paid by one partner to the other after a divorce or termination of a civil partnership. The purpose of spousal support is to ensure that both partners can live on financially in a reasonable manner after the divorce.
How is spousal support determined?
For the determination of spousal maintenance, the yardsticks defined by law apply. Those standards are, on the one hand, the ability of the obligated spouse to pay maintenance and, on the other hand, the need of the spouse entitled to maintenance.
When calculating spousal support, the court first determines the amount the ex-partner needs to cover his/her expenses. This is also known as the "need. In doing so, the court looks not only at the purely necessary expenses the ex-partner has to incur, but also at the affluence in which the parties have lived and what the ex-partner was used to spending as a result. This is why it is also called the "marital need.
The court then examines whether the ex-partner is reasonably able to earn that amount himself/herself. If the s/he is unable to do so, then s/he is "indigent. Only in that case can the court determine that the other (ex-)partner should pay spousal support.
The court then examines the extent to which the other partner can pay that contribution. This is called the "ability to pay.
It is important to note that the needs of the children are more important than the needs of the partner. Therefore, the court first determines the amount of child support and then assesses to what extent there is still room for partner support.
Need lawyer for child support issue?
Lawyers use specialized calculation programs to calculate alimony. Since the outcome of these calculations depends on various factors, determining the amount of alimony is highly case-specific and customized. Although several calculation programs are available online, we recommend consulting a legal professional for an accurate calculation and advice. For expert guidance on your alimony matter, please contact us via email at info@klpadvocaten.nl or by phone during office hours at 020-6731548.
