How does an ongoing personal injury claim or a received compensation fare in a divorce in Zoetermeer? The division of personal injury compensation is a complex issue that often leads to legal disputes.
Personal Injury within the Marital Community
If you are married under community of property, in principle everything falls into the joint estate. However, specific exceptions apply to personal injury compensation.
Statutory Provisions
According to Article 1:94 paragraph 3 of the Dutch Civil Code, non-material damage compensation falls outside the community, unless otherwise agreed.
Types of Damage Items
| Type of Damage | In Community? | Explanation |
|---|---|---|
| Pain and Suffering Compensation | No | Personal and falls outside the estate |
| Loss of Income (past) | Yes | Compensation for lost income |
| Loss of Income (future) | No | Concerns personal future earnings |
| Care Costs | Yes | Paid from joint assets |
| Domestic Assistance | Yes | Related to household expenses |
Matrimonial Property Agreements in Zoetermeer
With matrimonial property agreements, such as cold exclusion, the division is often less complex.
General Rule
- The personal injury compensation remains with the person who suffered the injury
- No division upon divorce
- Be aware of any settlement clauses in the agreements
Effect on Alimony
A personal injury benefit can affect alimony in Zoetermeer.
Relevant Factors
| Element | Impact |
|---|---|
| Pain and Suffering Compensation | No impact on ability to pay or need |
| Loss of Income | Regarded as income and counts towards it |
| Assets from Compensation | May influence the need |
Ongoing Matters in Divorce
If a personal injury claim is still ongoing during the divorce, there are additional points of attention.
Important Agreements
- Who bears the costs of the lawyer?
- How is a future payout divided?
- What if the compensation turns out differently than expected?
- How are advances settled?
Periodic Payments
For monthly payouts, for example for loss of income, the question arises whether these must be shared after divorce.
Guidelines
- Payments during marriage: fall into the community
- Payments after divorce: personal
- In case of disagreement: the court decides based on reasonableness
Concept of Attachment
The attachment rule states that items strongly connected to one person fall outside the community.
Application to Personal Injury
Pain and suffering compensation is considered attached and remains outside the estate. For other damage items, uncertainty may arise.
Relevant Case Law
There are many judicial decisions on personal injury in divorce.
Key Rulings
- Highest Court 3 November 2006: Pain and suffering compensation is attached
- Highest Court 24 October 1997: Separation between material and immaterial damage
- Various Court of Appeal rulings: Loss of income may be partly attached
Practical Advice for Zoetermeer
- Record agreements on personal injury in divorce
- Include them in the divorce settlement agreement
- Consult a family law lawyer and personal injury expert
- Consider tax consequences of the division
- In case of doubt, request a ruling from the court via District Court of The Hague
Frequently Asked Questions in Zoetermeer
What happens in a divorce?
In a divorce, assets are divided, alimony is determined if necessary, and child custody is arranged.
Who gets custody of the children?
Parents can retain joint custody, or custody goes to one parent. The court always decides in the best interest of the child.
What is alimony?
Alimony is a periodic payment from one ex-partner to the other or for the children, intended for maintenance.
May I take my child with me after a divorce?
This depends on who has custody. With custody, this is possible; without custody, permission or a court decision is required.
How long does a divorce process take?
With mutual agreement, a divorce in Zoetermeer can be finalized within three months.
For legal advice, you can contact the Legal Counter Zoetermeer or file a case at the District Court of The Hague.