The previous two blogs on maintenance calculation for internationals focused on the costs of the children (blog 1 and blog 2). This third post in the series focuses on partner maintenance (alimony), which is determined by the available means in the marriage.
This post was reviewed and updated on 15 July 2020
The income of international couples is often built up of a basic income plus various allowances. The question arises: what is the effect of these allowances on the maintenance? To what extent do these allowances form part of the available means in a marriage?
Partner maintenance vs. allowances
The most common allowances are the household allowance, dependency allowance, the expatriation allowance, and the education allowance (for the children). Others are the hardship allowance, the post adjustment allowance and the housing allowance. Organisations such as EPO, Estec and OPCW have such allowances. The UN and ICC work with a post adjustment, for example. All allowances serve a specific goal. It would take too long to elaborate on this in detail here.
The influence of allowances on the need
The needs of the maintenance recipient are set at the amount required to maintain a position that is reasonably suitable for him or her in view of the available means within the marriage. Although the so-called 60% rule is still applied in practice in standard cases, in situations concerning internationals (certainly not standard cases), this rule is less suitable.
Case law on this differs. Allowances are sometimes taken into account and sometimes not. It depends on whether the maintenance recipient lives in the Netherlands or abroad, with costs of living taken into account.
In some cases allowances are viewed as a source of income which both parties were used to and on which the spending pattern was based. The maintenance recipient, after having moved to another country, still lives abroad and therefore still has, more or less, expat status. Thus, the associated costs may be included in his or her needs.
The allowances form part of the available financial means of the spouses. Depending on the facts and circumstances of the case, they are included in the determination of the needs of the maintenance recipient for partner maintenance (alimony).
If you have any questions, please do not hesitate to contact us.
Learn more in part 4 of the blog series: Allowances and high costs
Dylan Bertsch is a specialist in family law, particularly partner and child maintenance. Diligent and outcome-focused, Dylan helps his clients through advice, mediation and representation in court.
Within family law, Dylan assists with complex divorces, prenuptial agreements, the division of commonly held property, first name changes and maintenance cases.