Partner Spousal Maintenance Capacity in Amsterdam
Partner spousal maintenance capacity determines how much an ex-partner from Amsterdam must contribute after a divorce. This concerns the financial room left after deducting personal expenses, rent in the city, and other obligations. This article provides insight into the application of Dutch family law, with specific examples for Amsterdammers and practical advice for locals.
Legal rules for partner spousal maintenance capacity
The legislation regarding partner spousal maintenance is set out in the Dutch Civil Code Book 1 (BW), articles 1:157 to 1:160. Article 1:157 BW is crucial: the judge at the District Court Amsterdam assesses the need of one partner in proportion to the capacity of the other. Capacity is determined by income, savings, living expenses in Amsterdam, and expected future earnings.
According to article 1:158 BW, you must first be able to make ends meet financially yourself before paying maintenance. Child maintenance always takes priority (article 1:404 BW). Since 2021, a 'standard income' is used for unemployed persons or those on flexible contracts to avoid unfair situations – something relevant for many Amsterdammers with temporary contracts.
Calculation of capacity for Amsterdammers
The partner spousal maintenance capacity is calculated individually using the Tremanormen 2023 of the courts. The formula is simple: gross income minus costs of living, Amsterdam rent, and other obligations = capacity. Benefits, allowances, and sometimes assets are included.
Important factors:
- Income: Salary from Amsterdam employers, unemployment benefit, or state pension.
- Living expenses: Standard norm approximately €1,300 net for singles in Amsterdam.
- Housing costs: Average rent of €1,200 in neighborhoods like Oost or mortgage costs.
- Child costs: Always take priority.
- Savings: A buffer of 5-10% of income is permitted.
- Debts: Outstanding loans or assistance via municipal debt services.
Try a maintenance calculator for an indication, but the District Court Amsterdam at Parnassusweg 220 makes the final decision.
| Factor | Example Amsterdam (net/month) | Effect on capacity |
|---|---|---|
| Income | €3,800 | + |
| Living expenses | -€1,900 | - |
| Housing costs (Amsterdam rent) | -€1,200 | - |
| Child maintenance | -€700 | - |
| Available capacity | €0 | Maintenance basis |
Practical examples of capacity in Amsterdam
Example 1: Marie from Amsterdam-Zuid and Pieter separate after 10 years. Pieter earns €4,500 net at a tech company, Marie €2,000 as a freelancer. They have two children. Pieter’s capacity: €4,500 - €2,200 (living) - €1,300 (rent) - €800 (children) = €200. Marie’s need is €1,400, maintenance is approximately €200.
Example 2: Jasper from Noord loses his job after the divorce. His ex-partner claims €800. Via the standard income (article 1:157 paragraph 2 BW), the judge estimates his capacity at 70% of modal (€2,600 net), minus Amsterdam costs: €100 left. Without standard income, he would pay nothing.
Example 3: Sophie from West has €100,000 in savings. Her ex claims maintenance, but the judge limits the capacity due to the use of assets (article 1:160 BW).
Rights and obligations regarding capacity
Rights of the paying party:
- Reject unrealistic demands with proof of low capacity at District Court Amsterdam.
- Request adjustment in case of income loss (article 1:160 BW).
Obligations:
- Demonstrate income and expenses, for example via the Municipality of Amsterdam.
- Do not make unnecessary expenditures to avoid payment.
- Pay within 8 weeks after the judgment.
Rights of the receiving party: File a claim via a bailiff. For marriages longer than 12 years, often long-term maintenance, until remarriage (article 1:157a BW).
Frequently asked questions about capacity in Amsterdam
Does capacity change with lower income?
Yes, you can request a modification at the District Court Amsterdam (article 1:160 BW). Provide proof such as payslips or UWV documents. Urgent? Request provisional relief.
Are savings included in capacity?
Yes, above a buffer of €15,000. Investments are considered income. Contact Juridisch Loket Amsterdam at Vijzelstraat 77 for advice.
What is the difference with child maintenance?
Child maintenance takes priority (Nibud norms). Partner maintenance comes after. Read more about child maintenance.
How long does maintenance last in Amsterdam?
For marriages longer than 5 years, often until retirement age, depending on local capacity. Short marriages often result in no maintenance.
Advice for Amsterdammers
- Gather documentation: payslips, rental agreements. Use budgeting apps for overview.
- Consider mediation via Amsterdam divorce mediators to reduce costs (mediation).
- Check your capacity annually in case of income changes.