Statutory Indexation of maintenance for children and spouses 2013

The amount of maintenance or alimony paid for children and spouses is subject to annual statutory indexation. Each year, the amount by which maintenance payments are to be raised is determined by the Minister of Justice. This will also apply to the maintenance payment stipulated in your divorce agreement or temporary court order.

Percentage
With regards to 2013, the percentage is 1,7%. This means the allowance concluded in your divorce agreement or temporary order will be automatically raised by 1,7% as of January 1, 2013. This percentage is based on the wage index determined by Statistics Netherlands (Centraal Bureau voor de Statistic / CBS).

Adjustment
The person paying the maintenance is obliged to adjust the amount his or herself without a request to that effect from the entitled party. However, it is advisable to remind your ex-spouse in case he / she fails to make the necessary adjustment.

Example
Fortunately, any unpaid amount can be claimed retroactively within a maximum period of five years.

For example: Let's say your maintenance was 1.000 euros per month as of the end of 2006.  If your spouse failed to apply indexation, then - taking account of the percentage of indexation from 2007 until 2012 - you can claim 1.110,31 euros as unpaid maintenance. Moreover, from 2013 onwards you will be entitled to 1.129,19 euros a month.

If you are currently receiving 2.000 euros, you are now entitled to claim 2.220,62 euros and the new alimony as of 2013 will be 2.258,37 euros.

Advice
If you have not been paid the indexation amount over the years, my advice is to inform your ex-spouse in writing that he is legally obliged to pay.

Exceptions
There are, as ever, a couple of exceptions to the indexation rule when different arrangements have been made. This is the case when indexation is excluded (temporarily) by the judge, or if the maintenance agreements date from before January 1, 1973; any arrangements made before this date about how the amount is to be increased will apply unimpaired.


Susan Meijler is a lawyer at GMW Advocaten / Legal Expat Desk. For more information, please comment below or contact her directly.