The 7 most common misconceptions about spousal support
By means of Nandi Kollenburg
When people get divorced, alimony often has to be paid. A distinction should be made between spousal support and child support. From my daily practice as a divorce lawyer, it appears that there are many misunderstandings about spousal support. The top 7 is as follows:
1. The alimony period is 12 years
In principle, the obligation to pay spousal support ends 12 years after the marriage has been dissolved.
However, if the marriage has not lasted longer than 5 years and no children were born from this marriage, the maintenance obligation ends after the expiry of a period equal to the duration of the marriage. In the case of a marriage that has lasted three years, the duration of spousal maintenance is therefore three years.
2. The fixed duration of the alimony is fixed
The period during which someone is entitled to alimony depends on various factors. Based on these factors, the court can decide that the alimony obligation is shortened or extended. This is often the case if the circumstances have changed in the meantime. It is therefore not necessarily the case that the established alimony period always remains in place.
3. The man must pay alimony to the woman. The woman is automatically entitled to this
Alimony is determined based on the income of both parties. If one of the parties cannot provide for his/her own livelihood and needs an additional contribution from the other party, that party must pay alimony, but only if he/she has sufficient means to do so.
If the woman earns more than the man, the woman may have to pay alimony to the man, and if the parties earn approximately the same, the situation may arise in which there is no obligation to pay alimony on either side.
4. If the woman works or starts working, the man no longer has to pay alimony
If the alimony-entitled party acquires his own income, this does not mean that there is no longer any additional need for spousal support. However, it may be a reason to have the alimony recalculated. The same applies if the alimony-obligated party earns more or less.
5. In case of infidelity, the right to alimony expires
Infidelity in itself has no legal consequences. Only if the alimony-entitled party has a relationship with a new partner, which relationship can be equated with a marriage, the alimony obligation lapses. However, the alimony-obligated party has the burden of proof to demonstrate that there is a situation of cohabitation as if they were married.
6. Alimony only needs to be paid after a divorce
The right to spousal support does not only exist after the dissolution of a marriage, but also after the dissolution of a registered partnership. Even if the parties have only lived together, spousal support can be awarded. This must then have been agreed upon in advance (for example in a cohabitation contract) or afterwards in a voluntary framework.
7. The legislation regarding spousal support will change soon; I want to join in now
A bill is currently pending in the House of Representatives to amend the current legislation on spousal support and to shorten the duration of the maintenance obligation. However, this law has not yet entered into force, which means that no rights can be derived from the bill. Since the law also has to be passed by the Senate, it may take some time before this changes.
