The Dutch government has announced that all maintenance/ alimony obligations will be indexed by 1.9 % as per the 1st of January 2022. The indexation percentage is linked to inflation and announced at the end of November of each year.
Both child maintenance and partner/ spousal maintenance are automatically indexed by law on a yearly basis in The Netherlands, unless otherwise agreed between parties or decreed by a judge. Both court orders for maintenance and divorce agreements are indexed automatically each year.
The maintenance indexation percentage for 2022 is lower than the past few years. The percentages for past four years were:
- 2018: 1.5 %
- 2019: 2.0 %
- 2020: 2.5 %
- 2021: 3.0 %
How much do I owe?
You can calculate the correct amount of maintenance using this tool from the maintenance collection service LBIO (in Dutch). When you fill in the year of your divorce and the original amount of maintenance, it will automatically calculate the amount currently due.
If you did not index your maintenance payments in previous years, you may be obliged to pay the indexation retrospectively. The maintenance receiver is entitled to reclaim up to five years of indexation in arrears. This can add up over time.
What if my income has decreased in 2021?
If you have suffered a decrease in income, for example due to the lengthening Covid-19 crisis, there may be grounds to disregard the maintenance indexation for 2022. 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.
If the decrease in your income is more substantial, there may be grounds for reducing maintenance permanently. If so, then we advise you to have your maintenance recalculated. 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 further information on maintenance, please contact us.