Renewed bill: shortening the duration of spousal support
By means of Eelco Anink
On 9 June 2018, VVD, D66 and PvdA submitted a revised bill. The proposed changes are drastic. The initiators propose to shorten the alimony period from 12 years to a maximum of 5 years with the following exceptions: 1. if there are young children or 2. someone is close to the AOW retirement age, payments must be made for longer.
A few years ago, VVD, D66 and PvdA already submitted a bill. That proposal met with quite a bit of criticism from the Council of State. They found the proposal too far removed from social reality because some partners are at a great disadvantage on the labour market at the time of the divorce. With their renewed proposal, they have intended to take that into account.
The proposed changes:
- the duration of spousal support is half the duration of the marriage, with a maximum of 5 years;
- an exception is made for marriages longer than 15 years, where the recipient of the alimony is within 10 years of his/her retirement. In that case, the alimony can last up to 10 years;
- a second exception is made for marriages with children under the age of 12. In that case, the duration of alimony can be a maximum of 12 years;
- a hardship clause for dire cases and transitional law will be introduced;
- This proposal does not change the child support rules.
The initiators believe that the current system is outdated.
Attje Kuiken (PvdA): 'Our bill adapts our spousal support legislation to the equality of men and women and ensures that ex-partners can get on with their own lives as quickly as possible after a divorce. Our alimony legislation dates back to the time when men earned the money and women took care of the household at home. Fortunately, that time is far behind us.'
Maarten Groothuizen (D66): 'We need to move towards a fairer system, where someone who needs it gets financial support, for example because young children are being cared for. And those who do not need support, do not. That is what this bill is for. Take for example the situation where the children have already left home. Then supporting your ex for twelve years feels very unfair if your ex can work. In short: we want a law that moves with the times.'
Whether the bill will pass is still the question. The initiators do not have a majority in the House. However, they expect the proposal to have broad support.
We are closely monitoring developments and will of course keep you informed.
Want to know more? Watch the video of Marjoleine de Boorder
