What types of maintenance are there after a divorce?
After a divorce there are two types of maintenance:
- Child maintenance — a contribution to the costs of the children. The parent with whom the children live least, or not at all, pays it to the other parent.
- Spousal maintenance — a contribution to the living costs of the ex-partner who has insufficient income of their own to meet their need.
Both are calculated under the Trema guidelines, the Dutch courts' national guidelines for maintenance. The outcome depends on the payer's capacity (what they can spare each month) and the recipient's needs (what is required for living costs).
How long does maintenance run after a divorce?
Child maintenance
Child maintenance in principle runs until the child turns 18. After that, for children aged 18 to 21, the extended maintenance obligation applies: parents continue to contribute to the costs of living and study, but the child is the entitled party.
Spousal maintenance
Since the Spousal Maintenance Revision Act (2020), spousal maintenance runs for a maximum of half the length of the marriage, capped at 5 years. If the petition was filed before 1 January 2020, the old rule still applies: a maximum of 12 years. Exceptions:
- Are there children from the marriage under 12? Then spousal maintenance continues until the youngest child turns 12.
- Did the marriage last longer than 15 years and will the recipient reach state pension age within 10 years? Then maintenance runs until state pension age.
- Did the marriage last longer than 15 years, was the recipient born before 1 January 1970 and is state pension age more than 10 years away? Then a maximum of 10 years applies.
- In cases of real hardship the court may grant a longer term (hardship clause).
Varying maintenance after a divorce
Circumstances change. You can have maintenance varied if there is a relevant change of circumstances:
- A fall or rise in income (structural)
- The recipient remarries or starts living with a new partner
- Children get older or leave home
- A change in the care arrangement
- Retirement
A variation can be agreed through a mediator or requested from the court. Alimentatie Inzicht makes it easy to calculate the new situation and go into the conversation well prepared.
Indexation: maintenance rises every year
Maintenance is indexed every year under Article 1:402a of the Dutch Civil Code. The percentage is set by the Dutch Minister of Justice and Security and published in the Government Gazette (Staatscourant). The indexation applies automatically — unless the parties have explicitly agreed in the divorce agreement that it does not apply.
See the current indexation for 2026.
Recording maintenance in a divorce agreement
Agreements on maintenance are recorded in a divorce agreement (echtscheidingsconvenant) or a parenting plan (for child maintenance). If you ask the court to include the agreement or parenting plan in the divorce order, the arrangements have the same force as a court order. That is also required if you later want to involve the LBIO (Landelijk Bureau Inning Onderhoudsbijdragen, the Dutch national maintenance collection agency). A mediator or lawyer can help you with this.
Frequently asked questions
How long does maintenance run after a divorce?
Child maintenance runs until the child turns 18; for young adults aged 18 to 21 a maintenance obligation for living costs and study remains. Spousal maintenance runs for a maximum of half the length of the marriage, capped at 5 years, with exceptions for long marriages and families with young children.
Can maintenance be varied after a divorce?
Yes. With a relevant change of circumstances — for instance a fall in income, remarriage, or children growing older or leaving home — you can make a new agreement together, if necessary through a mediator, or file a variation request with the court.
Does maintenance stop if your ex-partner remarries or starts cohabiting?
Spousal maintenance ends for good if the recipient remarries or enters into a registered partnership. It also ends on cohabitation as if married, but that has to be proven. Child maintenance does not stop because of remarriage or cohabitation.
Is maintenance increased every year after a divorce?
Yes, through automatic indexation under Article 1:402a of the Dutch Civil Code. The annual percentage is set by the Dutch Minister of Justice and Security and published in the Government Gazette (Staatscourant).