Pain and Suffering Damages in the Marital Community of Property | Den Haag
For residents of Den Haag married under community of property, the allocation of pain and suffering damages in personal injury cases is a key topic. Pain and suffering damages constitute a personal right and do not form part of the common estate, requiring separate treatment by the Rechtbank Den Haag in cases of divorce or death.
What are pain and suffering damages and how do they work in a Den Haag marriage?
Pain and suffering damages compensate for non-material injury such as pain, emotional distress, and loss of enjoyment of life after an accident or unlawful act. Unlike material losses (such as medical expenses or lost income), which are often joint, pain and suffering damages remain the private property of the injured party.
In Den Haag, where many couples marry under community of property (the default since the Limitation of Community of Property Act 2018, unless otherwise specified), all assets acquired during the marriage are held jointly. Personal claims like pain and suffering damages are excluded, meaning that if one spouse suffers injury, the award does not automatically need to be shared with the other.
Legal Basis
The relevant legislation is in the Civil Code:
- Article 6:106 Civil Code: Provides for compensation for unlawful acts, including pain and suffering damages for non-material loss.
- Article 1:94 Civil Code: Exclusive assets in the community; paragraph 2(d) specifically lists claims arising from unlawful acts concerning one's own body or health. Pain and suffering damages fall within this category.
- Article 1:85 et seq. Civil Code: Rules governing community of property.
In divorce cases in Den Haag, the Rechtbank Den Haag applies Article 3:179 et seq. Civil Code for asset division, excluding personal assets. Supreme Court decisions such as ECLI:NL:HR:2013:CA2452 confirm that pain and suffering damages remain personal, unless mingled with joint finances.
Practical Examples from Den Haag
Consider Anna and Ben from the Schilderswijk, married under community of property. Anna suffers a bicycle accident at the Haagse Markt and receives €50,000 in pain and suffering damages. This remains her exclusive property and is not shared with Ben. Depositing it into a joint account could lead to commingling.
Or Ben, injured at a construction site in the Binckhorst: his €30,000 pain and suffering damages claim stays outside the community. Upon divorce, he keeps it; upon death, it may pass to heirs depending on matrimonial agreements.
| Situation | Pain and Suffering Damages in Community? | Effect in Den Haag Divorce |
|---|---|---|
| Injury to one partner | No (art. 1:94 Civil Code) | Remains private (Rechtbank Den Haag) |
| Material losses (income) | Yes, if joint | Divided |
| Commingled in joint account | Possibly in part | Proof required |
| Death | No, personal | To estate |
Rights and Obligations for Den Haag Spouses
Rights:
- Exclusive right to pain and suffering damages for the injured party.
- No duty to share absent commingling.
- In divorce: Provide proof of personal nature, e.g., with bank statements to the Rechtbank Den Haag.
Obligations:
- Manage pain and suffering damages separately to avoid commingling.
- The spouse must assist with claims (art. 1:89 Civil Code).
- In case of commingling: Settle via art. 1:102 Civil Code.
Frequently Asked Questions for Den Haag
Do I have to share pain and suffering damages with my partner in Den Haag?
No, it is an exclusive asset unless commingled. Contact Juridisch Loket Den Haag if unsure.
What if it is deposited in a joint account?
It may then be partly communal; prove the personal portion with a separate account or notarial deed.
Does this apply with matrimonial agreements?
No, agreements may deviate. Check your notarial document.
Impact on maintenance in Den Haag divorce?
Not counted as income for spousal maintenance, but possibly for child maintenance due to increased available income.
Tips for Residents of Den Haag
Prevent disputes:
- Deposit pain and suffering damages into the injured party's private account.
- Choose limited community of property via a Den Haag notary if at risk.
- Document everything: Keep award letters and transactions.
- Seek advice on injury from Juridisch Loket Den Haag or a local specialist.
Read more about Personal Injury and Divorce or Matrimonial Property Regimes.
This article (approx. 1050 words) is based on legislation as of 2023. Check updates at wetten.overheid.nl or Rechtbank Den Haag.
### Arslan & Arslan Advocaten **Arslan & Arslan Advocaten** provides professional legal guidance and support for your legal matters. - Website: [www.arslan.nl](https://arslan.nl) - Email: [info@arslan.nl](mailto:info@arslan.nl) - Free initial consultation