Capacity to Pay for Spousal Maintenance in Den Haag
Capacity to pay for spousal maintenance refers to the financial ability of the paying partner to contribute to the living expenses of the ex-partner after covering their own basic needs. This key concept from family law is decisive for the amount of spousal maintenance and plays a major role in divorces in Den Haag.
What does capacity to pay for spousal maintenance entail?
In a divorce or dissolution of a registered partnership in Den Haag, the maintenance debtor ('debtor') must provide a reasonable contribution to the ex-partner ('creditor'). The capacity to pay determines how much the debtor can spare without facing financial hardship themselves, such as falling below the social assistance level of the Municipality of Den Haag. The Den Haag District Court examines the full financial picture: income, fixed expenses, debts, and local living costs in the region.
Capacity to pay does not encompass the entire income, but the surplus after essential costs. This ensures a sustainable maintenance arrangement in the long term for residents of Den Haag.
Legal basis for capacity to pay
The standards for capacity to pay for spousal maintenance are laid down in Civil Code Book 1 (CC Book 1). Relevant articles:
- Art. 1:157 CC Book 1: The Den Haag District Court sets the maintenance based on the need of the creditor and capacity to pay of the debtor, applying a proportionality standard for fairness.
- Art. 1:158 CC Book 1: Focused on spousal maintenance, taking into account the duration of the marriage and conditions.
- Art. 1:160 CC Book 1: Option for adjustment in changed circumstances, such as loss of income.
Supreme Court rulings such as ECLI:NL:HR:2018:1952 emphasize standardized calculations using national tables, unless local circumstances in Den Haag require otherwise.
Calculating capacity to pay in practice
For capacity to pay for spousal maintenance in Den Haag, the Trema table from the Expert Group on Spousal Maintenance is often used, or tools like Van Diepen. Step-by-step plan:
- Gross income determination (salary, benefits, business profits).
- Subtract standardized living and housing costs (e.g., €1,300-€1,900 net/month for a single person in Den Haag, higher due to urban rental prices).
- Deduct child maintenance first (according to national standards).
- The surplus forms the capacity to pay; usually half is available for spousal maintenance.
Example table: Capacity to pay by income (net/month, single no kids, 2023 standards, Den Haag adjustment)
| Net income | Standardized costs | Gross capacity to pay | Available for spousal maintenance |
|---|---|---|---|
| €2,500 | €1,750 | €750 | €375 |
| €4,000 | €2,050 | €1,950 | €975 |
| €6,000 | €2,550 | €3,450 | €1,725 |
With children, lower standard amounts apply, but child costs take priority. Entrepreneurs in Den Haag must show actual or deemed income.
Practical examples from Den Haag
Example 1: Anna and Bert from Scheveningen divorce. Bert earns €4,500 net, Anna €2,000. Two children with Anna. Bert's costs: €2,300 (Den Haag mortgage). Child maintenance: €800. Capacity to pay: €4,500 - €2,300 - €800 = €1,400. Available: €700. Den Haag District Court awards €550, aligned with Anna's need.
Example 2: Karel from Den Haag's Zuiderpark loses his job (previously €5,000 net). Maintenance was €1,000. Now €2,800 income, capacity to pay €250. Via application, Den Haag District Court reduces to €125.
These cases illustrate the flexibility of capacity to pay for spousal maintenance for local situations.
Rights and obligations regarding capacity to pay
Rights of the paying partner:
- Reject unreasonable claims with proof of capacity to pay.
- Apply for modification in case of changes (Art. 1:160 CC Book 1) at Den Haag District Court.
- Optimize own expenses for deduction.
Obligations:
- Share complete financial information (payslips, bank statements).
- Pay according to the ruling, or face enforcement via bailiff.
- Do not conceal income (criminal offense).
The recipient must maximize their own income, including civic integration obligations.
Tips for residents of Den Haag
Optimize capacity to pay for spousal maintenance as follows:
- Document thoroughly: Payslips, Den Haag rental agreements, expenses.
- Use tools: Online Trema calculator, but verify with an expert.
- Engage a mediator: Avoids proceedings at Den Haag District Court.
- Seek legal advice: Start at Juridisch Loket Den Haag for free intake and personal calculation.
- Recalculate periodically: Annually or upon events like job loss or remarriage.
Related articles: Spousal Maintenance, Child Maintenance, Modifying Maintenance.
Frequently Asked Questions
Can capacity to pay change after divorce?
Yes, in case of changed circumstances such as job loss or income increase, you can file a petition with Den Haag District Court (Art. 1:160 CC Book 1).