If partners decide to divorce, one of the two partners may be in need of maintenance. If a partner is not able to support him- or herself by means of an income, the other partner may be asked to provide spousal maintenance.
The need for maintenance is assessed on the basis of the standard of living during the marriage, i.e. the level of spending on the basis of the joint incomes. If an ex-partner is not able to provide for this need (or not entirely), maintenance may be requested. The question as to whether the person requested to pay maintenance is able to do so, is assessed on the basis of financial strength (i.e. that what is left after payment of that partner’s own fixed costs).
Similar to child maintenance, the Trema standards (recommendations of the Dutch Alimony Norms Working Group) apply to spousal maintenance. As regards the term during which maintenance will be paid, the statutory term can be chosen; however, it is also possible to draw up a plan in which the partners’ own capacity to earn an income and the age of the children are taken into account. What can you reasonably expect from one another? Different scenarios are possible, and even a buyout of maintenance is an option. Naturally, it is always possible to agree that neither of you owes the other any maintenance.
Spousal maintenance Breda
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