Family law
Child maintenance and partner alimony
One of the consequences of separating from your partner is the possible payment of child maintenance and/or partner alimony.
Child Maintenance
If you and your (ex-)partner have children together, you will both be liable for the material maintenance of the children. In the case of divorce, you would need to determine who is liable for which share of the living expenses of the children.
This will depend on the incomes of both parents, the extent to which they provide the actual care of the children, and how the parents wish to share the expenses. The latter aspect entails the construction of a system within which one of the parents pays child maintenance to the other parent or the creation of a so-called children’s account to which both parents contribute.
(Re)calculation of child maintenance
We specialise in the calculation of child maintenance. We can also help you do recalculations on the grounds that the income of one or both of the parents has changed with the resulting need for amendments to the division of liability for the children’s living expenses.
Partner Alimony
Both partners remain mutually liable for financial care after the divorce. The maintenance duty could mean that one of the ex-partners will be bound to pay the other alimony.
Until 1 January 2020, the period over which alimony had to be awarded was 12 years. New partner alimony legislation came into effect on 1 January 2020. In a nutshell, this entails that the duration of partner alimony now amounts to half of the duration of the marriage with a maximum period of five years. The following are a few exceptions to the above:
● In the case of a marriage in which the children have not yet reached the age of 12, the maximum duration could be 12 years; i.e. until the youngest child reaches the age of 12;
● In the case of a marriage that lasted longer than 15 years and where the alimony claimant will qualify for state pension within 10 years, the duration will be extended to the point at which the person reaches his/her pensionable age.
● In the case of a marriage that lasted longer than 15 years in which the alimony claimant was born on or before 1 January 1970 and will reach his/her pensionable age in more than ten years, the alimony period will last ten years.
(Re)calculation of partner alimony
The amount and duration of the maintenance obligations vary from person to person. Without a clear context, the numbers alone can rarely tell the whole story, especially if a business is involved. In those instances, it is particularly important to engage a lawyer to thoroughly analyse the annual accounts and corporate construction. We have the specialised knowledge to deal with those situations and we can also do the (tax-based) maintenance calculations.
Change of circumstances
Future circumstantial changes, such as a new job, a new partner or relocation could be cause for alimony amendments. We can assess the potential feasibility of an application for alimony amendments.
