Every year, the Dutch government indexes all maintenance / alimony obligations in line with inflation. And for 2024 a big increase of 6.2 % has been announced, which is the highest percentage increase in many years.
Both child maintenance and partner/ spousal maintenance are automatically indexed in The Netherlands by law in January each year. This goes for both court orders and mutual agreements regarding maintenance. Unless you agree otherwise (in writing), your maintenance payment will therefore automatically increase by 6.2 % on the 1st of January 2024.
Updated information on the current indexation is available here.
Maintenance increases from previous years
The indexation percentages for past four years were:
- 2020: 2.5 %
- 2021: 3.0 %
- 2022: 1.9 %
- 2023: 3.4 %
The current increase is therefore nearly double last year’s.
Why is maintenance being increased so much?
Last year inflation was not fully taken into account when determining the indexation. However, the Dutch government had no choice but to raise the indexation this year to compensate for price rises in the cost of living. Maintenance is based on the standard of living during the time spouses, partners or parents were together. In order to keep that same standard of living, maintenance has to rise with inflation.
What if I cannot afford this maintenance increase?
Not everybody received equivalent pay raises or compensation for inflation. As this is a significant raise, if you have suffered a stagnation or decrease in income, there may be grounds to recalculate your maintenance obligation. There may also be valid grounds to disregard the maintenance indexation for 2024. However, only a court can waive the indexation unless your ex-partner agrees to this in writing.
It is important to warn your ex-partner at an early stage if you are not able to increase your maintenance payment and discuss whether you can agree on a deviation. For the person receiving maintenance, it is important to understand on what basis dispensation is being asked.
How much maintenance do I owe in 2024?
You can calculate the correct amount of maintenance using this tool from the Dutch maintenance collection service LBIO (in Dutch). When you fill in the year of your divorce/ separation and the original amount of maintenance award, it will automatically calculate the amount due as of the 1st of January, 2024.
Back payment of maintenance
If you did not index your maintenance payments in previous years, you may be obliged to pay the indexation retrospectively. The receiving party is entitled to reclaim up to five years of indexation in arrears. This can add up over time. Again, indexation is automatic and does not have to have been explicitly agreed at the time of divorce/ separation.
Maintenance calculation
At Dutch Divorce Lawyer, we would be happy to review your situation for you and check whether you are still paying the correct amount of maintenance.
For any questions or more information regarding the maintenance increase for 2024, please feel free to contact us.
