Termination of Spousal Maintenance in Leiden

Termination of Spousal Maintenance in Leiden

Spousal maintenance requires an ex-partner to contribute to the other's living expenses after a divorce. For residents of Leiden, this obligation ends upon specific changes, such as remarriage, cohabitation, or financial independence. This article explains when and how you can terminate spousal maintenance, including legal guidelines and steps through local bodies like the District Court of Leiden.

What is Spousal Maintenance and When Does It End?

Spousal maintenance ensures a fair income distribution after divorce or dissolution of a registered partnership in Leiden. It differs from child maintenance and is based on equal contributions during the marriage. Termination is not automatic but arises from changed circumstances, such as a new relationship or sufficient personal income. In the Netherlands, including Leiden, the law limits lifelong dependency while protecting against sudden changes. For advice, contact Het Juridisch Loket Leiden.

Statutory Grounds for Termination

The rules are set out in Book 1 of the Dutch Civil Code (BW). Article 1:157 BW defines the obligation, while Article 1:160 BW provides for automatic termination upon the recipient's remarriage. This is applied by the District Court of Leiden.

For cohabitation, Article 1:161 BW applies: a marriage-like relationship may lead to adjustment or termination. The court assesses the joint household, care responsibilities, and finances. Other grounds include:

• Self-sufficiency (Article 1:158 BW): Sufficient income from employment or inheritance.
• Death (Article 1:162 BW).
• Passage of time: Often temporary, until retirement or children reaching adulthood.

Since 2021, the duration is limited to half the length of the marriage, up to 5 years (with exceptions for long marriages or care needs), under Article 1:157(2) BW.

When Does Spousal Maintenance End in Practice?

The exact timing varies by case. Overview of scenarios relevant to Leiden:

Remarriage or New Partnership

Automatic termination from the date of marriage; no further payments required.

Marriage-Like Cohabitation

The District Court of Leiden examines contributions from the new partner. Shared household expenses and chores often lead to termination or reduction.

Financial Changes

If income exceeds 70% of the former joint level (per LACom guidelines), the obligation ceases.

Comparison of termination grounds:

Examples from Leiden Case Law

Anna and Bert from Leiden divorced after 10 years; Bert paid €500 monthly. Anna began cohabiting with Karel, sharing mortgage and groceries. Bert applied to the District Court of Leiden for termination (Article 1:161 BW); the court ended it from the application date.

Tom paid Lisa indefinitely due to her illness. After receiving an inheritance, Lisa became self-sufficient; the District Court of Leiden terminated it based on Article 1:158 BW. Changed circumstances are crucial.

Disputes over cohabitation are common; the Supreme Court (2018) ruled that three months of cohabitation with intent and shared household suffice.

For assistance in Leiden, contact Het Juridisch Loket Leiden or the District Court of Leiden for applications.