Pain and Suffering Compensation in the Marital Community of Property for Amsterdammers
For residents of Amsterdam married under community of property, it is important to understand how pain and suffering compensation is handled in personal injury cases. This personal right to compensation for non-pecuniary damage generally does not form part of the communal estate and is treated separately by the Amsterdam District Court in cases of divorce or death.
What is pain and suffering compensation and how does it work in an Amsterdam marriage?
Pain and suffering compensation covers non-pecuniary injury such as pain, emotional distress, and loss of enjoyment of life following an accident, for example a typical Amsterdam bike crash on the canals or a workplace accident in the city. Unlike material costs such as hospital bills or lost wages, which are often communal, pain and suffering compensation remains personal.
In a community of property – the default regime since the 2018 Act Limiting Community of Property, unless you opted otherwise at the Municipality of Amsterdam – assets are jointly owned during the marriage. However, personal claims such as pain and suffering compensation are excluded, so it does not automatically belong to both spouses if one suffers injury in Amsterdam.
Legal basis
The rules are set out in the Dutch Civil Code (DCC):
- Article 6:106 DCC: Compensation for tort, including pain and suffering compensation for non-pecuniary damage.
- Article 1:94 DCC: Exclusive property; paragraph 2(d) excludes claims for injury to one's own body or health, such as pain and suffering compensation.
- Article 1:85 et seq. DCC: Rules on community of property.
In divorce proceedings, the Amsterdam District Court applies Article 3:179 et seq. DCC for division of assets, excluding personal property. Supreme Court rulings such as ECLI:NL:HR:2013:CA2452 confirm this, and local cases at the Amsterdam District Court follow the same approach, unless commingling with communal assets occurs.
Practical examples from Amsterdam
Take Anna and Ben, Amsterdammers married under community of property. Anna crashes her bike on the Haarlemmerdijk and receives €50,000 in pain and suffering compensation. This remains her personal property and is not shared with Ben. If she deposits it into a joint account at the local bank, it may become commingled.
Or Ben, injured at a construction site in Amsterdam-Noord: his €30,000 pain and suffering claim stays outside the community. In divorce proceedings at the Amsterdam District Court, it remains his; upon death, it depends on marital conditions and inheritance.
| Situation | Pain and suffering compensation in community? | Effect upon divorce in Amsterdam |
|---|---|---|
| Injury to one spouse | No (art. 1:94 DCC) | Remains personal |
| Material income loss | Yes, as joint income | Divided |
| Commingled in joint account | Possibly in part | Proof required at District Court |
| Death of spouse | No, personal | Passes to heirs |
Rights and obligations for Amsterdam couples
Rights:
- Exclusive right of the injured party to pain and suffering compensation.
- No obligation to share unless commingled.
- In divorce: Provide proof of exclusion, e.g., with bank statements at the Amsterdam District Court.
Obligations:
- Keep pain and suffering compensation separate to avoid commingling.
- Be transparent in claims: the spouse must assist (art. 1:89 DCC).
- In case of commingling: Apply reimbursement rights (art. 1:102 DCC).
- Deposit into the injured party's personal account.
- Opt for limited community via an Amsterdam notary.
- Document everything: claim letters and transactions.
- Seek advice from Juridisch Loket Amsterdam or a specialized personal injury lawyer.
Frequently asked questions for Amsterdam
Do I have to share pain and suffering compensation with my partner in Amsterdam?
No, it is exclusive property as long as not commingled. Contact Juridisch Loket Amsterdam for advice.
What if it is deposited in a joint account?
It may then be partly communal; prove the personal portion with a separate account or notary.
Does this apply under marital property agreements?
No, check your deed with a notary in Amsterdam; deviations possible.
Impact on alimony in divorce?
Not counted as income for spousal support, but yes for child support if income increases.
Tips for Amsterdammers
Avoid hassle:
Read more about personal injury and divorce in Amsterdam or marital property regimes.
This article (approx. 1050 words) is based on legislation as of 2023. Check wetten.overheid.nl for updates.