Partner aliment is financial support that an ex-partner pays when the other cannot independently provide for their maintenance after the divorce. The legislation on this applies throughout the Netherlands, including Zoetermeer.
Basis of Partner Aliment
The obligation to pay aliment arises from the connection that existed during the marriage. Even after a divorce, there remains a responsibility to support the ex-partner if they are not self-sufficient.
Conditions for Aliment
The right to partner aliment in Zoetermeer arises under the following conditions:
- The receiving partner has financial need (cannot provide for themselves).
- The paying partner has sufficient capacity to pay (can afford the contribution).
- There was a marriage or registered partnership.
How Is Aliment Calculated?
| Step | Description |
|---|---|
| 1. Need | What does the receiving partner need to live on? |
| 2. Self-Sufficiency | To what extent can the recipient generate income themselves? |
| 3. Capacity to Pay | What amount can the payer contribute? |
| 4. Comparison | The lowest amount of need and capacity to pay is decisive. |
Court Norm Guideline for Need
The need is often determined using the 'court norm': approximately 60% of the net family income during the marriage, after deduction of child costs. This is a guideline and not mandatory, also in Zoetermeer.
Duration of the Aliment Obligation
According to the Act revising partner aliment (since 2020), the following periods apply in Zoetermeer:
| Situation | Maximum Duration |
|---|---|
| Standard Case | Half of the marriage duration, maximum 5 years |
| Marriage > 15 years + recipient < 10 years from AOW | Until AOW age |
| Children younger than 12 years | Until the youngest child is 12 years old |
| Marriage > 15 years + recipient 50+ (born before 1970) | Maximum 10 years |
Can I waive partner aliment in Zoetermeer?
Yes, in a divorce settlement agreement, you can agree not to pay aliment. This is called a 'nihil clause'. Note that in case of later financial changes, you can no longer claim aliment.Is aliment adjusted annually in Zoetermeer?
Yes, every year as of January 1, the aliment is increased by a percentage set by the Minister of Justice, based on wage increases.Can I have the aliment adjusted in Zoetermeer?
Yes, in case of changed circumstances such as unemployment, a new partner, or a significant income change, you can arrange an adjustment via the court or by mutual agreement.Frequently Asked Questions about Partner Aliment in Zoetermeer
What is partner aliment and who is eligible for it in Zoetermeer?
Partner aliment is a financial contribution from an ex-partner to the other who cannot provide for their maintenance after the divorce. In Zoetermeer, the national rules apply: the right to aliment exists in case of financial need, capacity to pay of the payer, and a former marriage or partnership.How is the amount of aliment determined in Zoetermeer?
The calculation proceeds in four steps: determining the need, assessing self-sufficiency, determining capacity to pay, and comparing these amounts. For advice specific to Zoetermeer, you can contact the Juridisch Loket Zoetermeer.What is the court norm and how does it work in Zoetermeer?
The court norm is a guideline that calculates the need for aliment as 60% of the net family income during the marriage, minus child costs. In Zoetermeer as well, this is used as an indication, not as a hard rule.How long do I have to pay partner aliment in Zoetermeer?
The duration depends on your situation: standard is half of the marriage duration with a maximum of 5 years. For long marriages or young children, other periods may apply. For tailored advice in Zoetermeer, consult a local legal advisor.Can I waive partner aliment in Zoetermeer?
Yes, in Zoetermeer you can agree in a settlement not to pay aliment (nihil clause). However, this can be risky, as you cannot later claim it in case of financial changes.For legal support in Zoetermeer, you can go to the Juridisch Loket Zoetermeer. Cases are handled by the District Court of The Hague (district).