Termination of Spousal Maintenance in Rijswijk

Termination of Spousal Maintenance in Rijswijk

Spousal maintenance requires an ex-partner to contribute to the other's living expenses after a divorce. For Rijswijk residents, this obligation ends due to changed circumstances, such as remarriage, cohabitation as a couple, or financial self-sufficiency. This article explains when and how to terminate spousal maintenance in Rijswijk, covering legal rules, local procedures at the Rijswijk District Court, and tips from the Rijswijk Legal Aid Office.

What is Spousal Maintenance and When Does It End in Rijswijk?

Spousal maintenance ensures a fair income distribution after divorce or dissolution of a partnership. It differs from child maintenance and is based on equal contributions during the marriage. In Rijswijk, where many divorces are handled at the Rijswijk District Court, the obligation does not end automatically but upon changed circumstances. This prevents lifelong dependency and protects against sudden income drops. Contact the Rijswijk Legal Aid Office for personalized advice.

Maintenance is often temporary, for example until retirement age or a new relationship. Since 2021, there is a maximum duration of half the length of the marriage, up to 5 years, with exceptions for longer marriages or those needing care.

Legal Grounds for Termination

The rules are set out in Book 1 of the Civil Code (DCC). Article 1:157 DCC describes the obligation, while Article 1:160 DCC provides for automatic termination upon the recipient's remarriage. At the Rijswijk District Court, this can be easily proven with extracts from the Municipality of Rijswijk.

For cohabitation (Article 1:161 DCC), the court assesses whether it constitutes a 'marriage-like' relationship based on shared household, care, and finances. Other grounds include:

• Self-sufficiency (Article 1:158 DCC): Sufficient income from employment or inheritance.
• Death (Article 1:162 DCC).
• Time elapsed: Depending on the agreed duration.

When Does Spousal Maintenance End in Practice?

Here is an overview of scenarios relevant to Rijswijk residents:

Remarriage or New Partnership

Immediate termination from the date of marriage; notify the Rijswijk District Court for confirmation.

Cohabitation as a Couple

The Rijswijk District Court examines whether the new partner contributes. If costs are shared in a Rijswijk home, maintenance may end.

Financial Change

If income exceeds 70% of the former joint income (per LACom guidelines), the obligation ends. File a modification request with the Rijswijk District Court.

Overview of termination grounds:

Practical Examples at Rijswijk District Court

Take Anna and Bert from Rijswijk, divorced after 10 years. Bert pays €500/month to Anna. Anna starts cohabiting with Karel in a Rijswijk villa, sharing mortgage and groceries. Bert requests termination at the Rijswijk District Court (Article 1:161 DCC); the judge ends it from the application date.

Or Tom and Lisa: Lisa inherits and becomes self-sufficient. Tom files a request at the Rijswijk District Court; maintenance stops (Article 1:158 DCC). For advice on 'cohabitation' – often a contentious issue – call the Rijswijk Legal Aid Office. The Supreme Court (2018) ruled that three months of shared household suffices.

Always consult the Rijswijk Legal Aid Office for free assistance with procedures at the Rijswijk District Court or Municipality of Rijswijk.