On May 21, 2019, the Senate passed a bill to shorten the duration of partner alimony. Under this new law, partner alimony will then last a maximum of five years, instead of the current twelve years. The law will take effect on January 1, 2020.
How long does partner alimony have to be paid?
The duration of partner alimony mainly depends on the year in which you agreed with your ex-partner. Or when the court has determined partner alimony. Since 1 January 2020, new rules for partner alimony apply.
Alimony determined or agreed from January 1, 2020
The partner alimony is a maximum of 5 years. Or shorter, if the marriage or registered partnership lasted less than 10 years. Then an ex-partner receives alimony for half the time that the marriage or partnership lasted. For example, if you have been married for 8 years, you or your ex-partner must pay alimony for 4 years.
There are 3 exceptions to the new rules:
- If you have children together, partner maintenance does not stop until the youngest child has reached the age of 12.
- Has the marriage or registered partnership lasted for at least 15 years? And does the former partner who receives alimony receive AOW within 10 years? The maintenance obligation then lasts until the recipient receives AOW.
- Were you born on or before January 1, 1970? Did your marriage or registered partnership last longer than 15 years? And will you only receive AOW in more than 10 years? Then the maintenance period is 10 years.
Alimony determined or agreed from 1 July 1994 to 1 January 2020
- You and your ex have children together: partner alimony lasts a maximum of 12 years.
- You and your ex have no children and the marriage lasted longer than 5 years: partner maintenance lasts a maximum of 12 years.
- You and your ex have no children and the marriage lasted less than 5 years: partner maintenance lasts just as long as the marriage lasted.
Alimony determined or agreed before 1 July 1994
How long you receive partner alimony depends on what you have agreed with your former partner. Or what the judge has determined. If nothing has been agreed or determined, then there is no deadline. In certain cases, however, the court may be asked to end the alimony.
Extension of alimony
Will you encounter serious problems if the alimony stops? Then you can ask the court to extend the period. You can also agree a shorter or longer period together. You must record this in your divorce agreement or agreement.
How to stop partner alimony if the situation of an ex-partner changes
If you pay alimony, you stop this if your ex-partner:
- has enough income to live on;
- marries another person, enters into a registered partnership or starts living together;
Alimony change or stop through court
A change or termination of alimony through the courts always starts with a petition. You need a lawyer for this. You can contact our office without obligation for further information.
Source: Central Government