Termination of Spousal Maintenance in Zoetermeer

Termination of Spousal Maintenance in Zoetermeer

For residents of Zoetermeer, spousal maintenance is an arrangement under which an ex-partner contributes to living expenses after a divorce. This obligation ends due to changes such as remarriage, cohabitation, or financial independence. In this article aimed at Zoetermeer residents, we explain when and how it terminates, with references to the Zoetermeer District Court and the Zoetermeer Legal Aid Office.

What is Spousal Maintenance and When Does It End?

Spousal maintenance ensures a fair income distribution after divorce or dissolution of a partnership, separate from child support. It is based on the equal contributions made during the marriage. Termination does not occur automatically but results from changed circumstances, such as a new relationship or sufficient personal income. In the Netherlands, and specifically in Zoetermeer, this prevents prolonged dependency while offering protection against sudden financial changes through the Zoetermeer District Court.

Contact the Zoetermeer Legal Aid Office for personalized advice on your situation.

Legal Grounds for Termination

The rules are set out in Book 1 of the Civil Code (BW): Article 1:157 BW for the obligation, and Article 1:160 BW for automatic termination upon the recipient's remarriage or new partnership. Remarriage ends it immediately.

For cohabitation (Article 1:161 BW), the Zoetermeer District Court assesses whether there is a 'marriage-like' relationship based on shared household, care, and finances. Other grounds include:

• Financial independence (Article 1:158 BW): Due to new employment or assets.
• Death (Article 1:162 BW).
• Time elapsed: Maximum half the marriage duration, up to 5 years (Article 1:157(2) BW since 2021), unless exceptions such as a long marriage apply.

When Does Spousal Maintenance End in Practice?

Here is an overview of common scenarios in Zoetermeer:

Remarriage or New Partnership

Immediate termination from the date; no further payments required.

Marriage-Like Cohabitation

The Zoetermeer District Court reviews contributions from the new partner. If expenses and household are shared, maintenance may end.

Improved Finances

If income exceeds 70% of the former joint level (per the National Maintenance Committee), the need ceases.

Comparison table:

Practical Examples from Zoetermeer District Court

Consider Anna from Zoetermeer, divorced after 10 years. Her ex pays €500/month. After moving in with Karel (shared mortgage), he requests termination at the Zoetermeer District Court (Article 1:161 BW). The court ends it from the application date.

Or Tom and Lisa: Lisa inherits and becomes self-sufficient. Tom successfully litigates at the Zoetermeer District Court (Article 1:158 BW). For advice, the Zoetermeer Legal Aid Office assists with petitions. The Supreme Court (2018) ruled that 3 months of relationship with a shared household often suffices.

File a request with the Zoetermeer District Court via the Municipality of Zoetermeer or juridischloket.nl.