Spousal Maintenance in Rijswijk: Rules and Guidelines

Spousal maintenance is a financial support paid by one ex-partner to the other when the latter cannot provide for their own livelihood after divorce. The legal rules governing this apply throughout the Netherlands, including Rijswijk.

Basis of Spousal Maintenance

The obligation to pay maintenance arises from the bond formed during marriage. Even after divorce, there remains a responsibility to support the partner who is not self-sufficient.

Conditions for Maintenance

The right to spousal maintenance in Rijswijk exists under the following conditions:

• The receiving party has a financial need (cannot provide for themselves).
• The paying party has sufficient financial capacity (can afford the amount).
• There was a marriage or registered partnership.

How Is Maintenance Calculated?

Step	Description
1. Need	What does the receiving party require?
2. Self-Provision	Can the recipient generate income (partially) themselves?
3. Capacity	What can the paying party contribute?
4. Alignment	The lower amount of need and capacity applies.

Court Standard Guideline

In Rijswijk, the 'court standard' (hofnorm) is often used to determine need: 60% of the net household income during the marriage, after deducting child-related expenses. This serves as a guideline, not a mandatory rule.

Duration of Maintenance Obligation

Under the Revised Spousal Maintenance Act (since 2020), the following terms apply in Rijswijk:

Situation	Maximum Duration
Standard case	Half the duration of the marriage, max. 5 years
Marriage > 15 years + recipient < 10 years from state pension age (AOW)	Until state pension age (AOW)
Children under 12	Until the youngest child turns 12
Marriage > 15 years + recipient aged 50+ (born before 1970)	Maximum of 10 years

Can I waive maintenance in Rijswijk?

Yes, in a divorce settlement agreement, you can stipulate that no spousal maintenance will be paid. This is called a 'nihil condition' (nihilbeding). However, be aware that if circumstances change later, you may no longer be entitled to maintenance.

Is maintenance adjusted annually in Rijswijk?

Yes, every year on January 1st, maintenance is increased by a percentage set by the Minister of Justice, based on wage increases in the Netherlands.

Can maintenance be revised in Rijswijk?

Yes, in the event of changes such as a decrease in income, cohabitation with a new partner, or incapacity for work, maintenance can be adjusted. This can be done through the court or by mutual agreement.

Frequently Asked Questions About Spousal Maintenance in Rijswijk

What does spousal maintenance entail, and who qualifies in Rijswijk?

Spousal maintenance is a financial contribution from one ex-partner to the other who cannot provide for their own livelihood after divorce. In Rijswijk, national rules apply: the right to maintenance exists if there is a financial need, the payer has sufficient capacity, and there was a former marriage or registered partnership.

How is the amount of maintenance determined in Rijswijk?

The calculation involves four steps: determining the need, assessing the recipient’s own income, evaluating the payer’s capacity, and comparing both amounts. For assistance in Rijswijk, you can contact the Legal Counter (Juridisch Loket) or a lawyer.

What is the court standard, and how does it work in Rijswijk?

The court standard (hofnorm) is a guideline that takes 60% of the net household income during the marriage as the basis for need, minus child-related expenses. In Rijswijk, this is used as an indication, not a strict rule.

How long do I have to pay spousal maintenance in Rijswijk?

The duration depends on the situation: normally, it is half the duration of the marriage, with a maximum of 5 years. For long-term marriages or young children, different terms may apply. For advice specific to Rijswijk, consult a legal expert.

Can I waive spousal maintenance in Rijswijk?

Yes, through a 'nihil condition' (nihilbeding) in the divorce settlement agreement, you can waive maintenance. However, this may entail risks if your situation changes in the future.