Maintenance calculation for internationals – part 3: partner maintenance
The previous two blogs on maintenance calculation for internationals dealt with the costs of children (blog 1 and blog 2). This third part of the series focuses on partner maintenance (alimony), which is determined on the basis of the financial resources available during the marriage.
The income of international couples often consists of a basic salary supplemented by various allowances. This raises the question: what is the impact of these allowances on maintenance? To what extent do these allowances form part of the financial means available during the marriage?
Partner maintenance vs. allowances
The most common allowances are the household allowance, dependency allowance, expatriation allowance and education allowance (for the children). Other examples are the hardship allowance, post adjustment allowance and housing allowance. Organisations such as the EPO, ESTEC and OPCW use such allowances. The UN and ICC, for instance, work with a post adjustment. Each allowance serves a specific purpose. It would go too far to explain each of these in detail here.
The influence of allowances on the need
The needs of the maintenance recipient are determined by the amount required to maintain a standard of living that is reasonably appropriate for him or her, in light of the financial resources available during the marriage. Although the so‑called 60% rule is still applied in practice in standard cases, this rule is less suitable in matters involving internationals, which are certainly not standard.
Case law on this subject varies. Allowances are sometimes taken into account and sometimes not. This depends, among other things, on whether the maintenance recipient lives in the Netherlands or abroad, and on the applicable cost of living.
In some cases, allowances are regarded as a source of income to which both parties were accustomed and on which their spending pattern was based. The maintenance recipient, after relocating to another country, may still be living abroad and therefore still effectively have expat status. The related costs can then be included in determining his or her needs.
Conclusion
Allowances form part of the spouses’ available financial means. Depending on the specific facts and circumstances of the case, they are included in determining the needs of the maintenance recipient for partner maintenance (alimony).
More information
If you have any questions about maintenance, please do not hesitate to contact us for advice.
Learn more in part 4 of the blog series: Allowances and high costs.
