Partner Spousal Maintenance Capacity in The Hague
Partner spousal maintenance capacity determines how much an ex-partner from The Hague must financially contribute after a divorce. This depends on the available financial room after deduction of own costs, rent in the city, and other obligations. This article discusses the application of Dutch family law, with specific examples for residents of The Hague and practical advice.
Statutory rules for partner spousal maintenance capacity
The basis for partner spousal maintenance is laid down 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 of The Hague assesses the need of one partner in proportion to the capacity of the other. Capacity is determined based on income, savings, living expenses in The Hague, and expected future earnings.
According to article 1:158 BW, you must first be able to make ends meet 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 with flexible work, which is important for people with unstable incomes in The Hague.
Calculation of capacity for residents of The Hague
The partner spousal maintenance capacity is individually determined using the Tremanormen 2023 of the courts. The formula is simple: gross income minus living expenses, rent in The Hague, and other obligations = capacity. Benefits, allowances, and sometimes assets are included.
Important factors:
- Income: Salary at The Hague employers, unemployment benefit, state pension.
- Living expenses: Basic norm around €1,250 net for singles in The Hague.
- Housing costs: Average rent €1,100 in neighborhoods like Scheveningen or mortgage costs.
- Child costs: Always have priority.
- Savings: Buffer of 5-10% of income is permitted.
- Debts: Ongoing loans or assistance via municipal debt counseling.
Try a maintenance calculator for an estimate, but the final decision lies with the District Court of The Hague.
| Factor | Example The Hague (net/month) | Effect on capacity |
|---|---|---|
| Income | €3,800 | + |
| Living expenses | -€1,900 | - |
| Housing costs (rent The Hague) | -€1,100 | - |
| Child maintenance | -€700 | - |
| Available capacity | €100 | Maintenance basis |
Examples of partner spousal maintenance capacity in The Hague
Example: Marie from Scheveningen and Pieter separate after 10 years. Pieter earns €4,500 net at a government agency, Marie €2,000 as a freelancer. They have two children. Pieter’s capacity: €4,500 - €2,200 (living) - €1,100 (rent) - €800 (children) = €400. Marie’s need is €1,400, maintenance is set at approximately €380.
Example 2: Jasper from Laak loses his job after the divorce. His ex claims €800. Via the standard income (article 1:157 paragraph 2 BW), the judge calculates a capacity at 70% of modal (€2,600 net), minus The Hague costs: €200 left. Without standard income, he would pay nothing.
Example 3: Sophie from Centrum has €150,000 in savings. Her ex claims maintenance, but the judge limits the capacity due to asset use (article 1:160 BW).
Rights and obligations regarding capacity
Rights of the paying party:
- Reject unreasonable demands with proof of low capacity at District Court of The Hague.
- Request adjustment in case of income loss (article 1:160 BW).
Obligations:
- Demonstrate income and expenses, for example via Municipality of The Hague.
- 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 partner spousal maintenance capacity in The Hague
What if my income decreases?
Yes, you can request a modification at District Court of The Hague (article 1:160 BW). Provide proof such as payslips or UWV documents. In urgent cases, you can request an interim measure.
Does savings count towards capacity?
Yes, above a buffer of €15,000. Investments are considered as income. Contact Juridisch Loket The Hague for advice.
What is the difference with child maintenance?
Child maintenance comes first (Nibud norms). Partner spousal maintenance comes after. Read more about child maintenance.
How long does maintenance last in The Hague?
For marriages longer than 5 years, often until pension, depending on local capacity. Short relationships often lead to no maintenance.
Practical tips for residents of The Hague
- Gather documents such as payslips and rental agreements. Use budgeting apps for overview.
- Consider mediation via local mediators in The Hague to save costs (mediation).
- Check annually whether capacity still applies and adjust if necessary.