Every year, the Dutch government indexes all maintenance/ alimony obligations in line with inflation. The government has just announced that the maintenance indexation for 2023 will be 3.4 %.
Both child maintenance and partner/ spousal maintenance are automatically indexed by law on a yearly basis in The Netherlands. This goes for both court orders and mutual agreements regarding maintenance. Unless you agree in writing otherwise, your maintenance payment will increase by 3.4 % on the 1st of January 2023.
Index percentages in previous years
The percentages for past four years were:
- 2019: 2.0 %
- 2020: 2.5 %
- 2021: 3.0 %
- 2022: 1.9 %
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 due as of the 1st of January.
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 not increased in 2022?
If you have suffered a stagnation or decrease in income, there may be grounds to disregard the maintenance indexation for 2023. 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.
What if my income is significantly lower in 2023?
If the decrease in your income is more substantial, there may be grounds for adjusting maintenance downwards. If so, then we advise you to have your maintenance recalculated by a professional. 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.
Mediation
For ex-partners that want to find a joint solution to any discussions about maintenance we also offer mediation services to re-evaluate maintenance and provide alternative dispute resolution to going to court.
For any questions or more information, please feel free to contact us.
