Partner spousal support is financial assistance paid by an ex-partner when the other cannot independently provide for their maintenance after the divorce. The statutory rules for this apply throughout the Netherlands, including in Leiden.
Basis of partner spousal support
The obligation to pay spousal support arises from the bond established during the marriage. Even after divorce, a duty of care continues to exist for the partner who is not self-sufficient.
Conditions for spousal support
The right to partner spousal support in Leiden arises under the following conditions:
- The receiving party has financial need (cannot provide for themselves).
- The paying party has sufficient capacity to pay (can afford the amount).
- There was a marriage or registered partnership.
How is spousal support calculated?
| Step | Aspect to determine |
|---|---|
| 1. Financial need | How much does the recipient need? |
| 2. Self-sufficiency | Can the recipient generate income themselves (in part)? |
| 3. Paying party's capacity to pay | What can the payer contribute? |
| 4. Final amount | The lowest amount between need and capacity to pay applies. |
Guideline for need: Court norm
In Leiden, the court norm is often used to determine the need. This norm is based on 60% of the net family income during the marriage, minus the costs for the children. However, this remains a guideline and not a mandatory requirement.
Duration of the spousal support obligation
Under the Spousal Support Revision Act (since 2020), the following periods apply in Leiden:
| Circumstance | Maximum period |
|---|---|
| General rule | Half of the marriage duration, maximum 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 |
Can I waive partner spousal support in Leiden?
Yes, in a divorce settlement agreement in Leiden, you can agree not to pay spousal support. This is called a 'nil clause'. Note that in the event of later changes in circumstances, you can no longer claim spousal support.Is spousal support in Leiden adjusted annually?
Yes, in Leiden, partner spousal support is indexed every year on 1 January by a percentage set by the Minister of Justice based on wage increases.Can I have the spousal support in Leiden modified?
Yes, in the event of changed circumstances, such as job loss, disability, or a new relationship, the spousal support in Leiden can be revised. This can be done through the court or by mutual agreement with a new agreement.Frequently asked questions about partner spousal support in Leiden
What is partner spousal support and who is eligible for it in Leiden?
Partner spousal support is a financial contribution from an ex-partner to the other who cannot provide for their own maintenance after the divorce. In Leiden, the national criteria apply: need of the recipient, capacity to pay of the payer, and a former marriage or partnership.How is the amount of spousal support in Leiden determined?
The calculation of partner spousal support in Leiden proceeds in four steps: determining the need, assessing self-sufficiency, determining capacity to pay, and comparing both amounts. For assistance, you can consult a legal advisor in Leiden.What is the court norm and how does it work in Leiden?
The court norm is an indication for the need for spousal support and amounts to 60% of the net family income during the marriage, minus child costs. In Leiden, this guideline is applied in the same way as elsewhere in the Netherlands.How long do I have to pay partner spousal support in Leiden?
The duration of spousal support in Leiden depends on the situation: normally this is half of the marriage duration with a maximum of 5 years. In specific circumstances, such as a long marriage or young children, it may be different. Contact an advisor in Leiden for personal advice.Can I waive partner spousal support in Leiden?
Yes, in Leiden you can stipulate in a settlement agreement that no spousal support is paid, also known as a 'nil clause'. However, this may entail risks in the event of future changes.Relevant institutions in Leiden:
- Court: District Court of The Hague, Leiden Location
- Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46