Indexation of alimony
In October 2020, the percentage by which maintenance payments are indexed annually was announced. The indexation percentage for the year 2021 is 3% and applies from 1 January 2021. You can read the publication in the Staatscourant here find. What is the consequence of this for the alimony you pay or receive?
The statutory indexation is intended to correct the increase in wages and the increase in the cost of living. The obligation to index alimony is laid down in the law (article 1:402a of the Civil Code). This article applies to child support and spousal support.
The consequence of the statutory indexation is that every maintenance payer is obliged to increase the maintenance with the established indexation percentage annually. The maintenance recipient on the other hand is entitled to an annual increase of the maintenance. This is only different if the indexation is excluded by the court or in an agreement. NB: the indexation of maintenance is not automatic. The maintenance payer is obliged to increase the maintenance owed from 1 January 2021 with the statutory indexation of 3%. The maintenance recipient can of course inform the maintenance payer of this. We advise you to do this in a timely manner.
Suppose that the parties agreed in 2020 that the man would contribute €1,500 per month to the costs of his three children. In addition, it was agreed that the man would pay his ex-wife €1,000 per month. As of 1 January 2021, the man is obliged to increase the alimony he owes by 3%. As of 1 January 2021, child support amounts to €1,545 per month and spousal support €1,030 per month. On 1 January 2022, the man is again obliged to increase alimony by the indexation percentage; this percentage will be announced in the autumn of 2021. This also applies to all subsequent years.
What to do if the maintenance payer does not increase maintenance by the indexation percentage?
If the obligation to pay maintenance is laid down in a court ruling, you as the maintenance recipient can immediately claim an increase in maintenance. We advise you to always first point out to the maintenance payer the obligation to index maintenance. Do you not receive a response? In that case, you can contact the LBIO or a bailiff with a request to collect the maintenance owed.
If the obligation to pay alimony is not recorded in a court ruling, you cannot immediately proceed to collect the alimony. The alimony obligation must first be recorded.
You can still collect the unpaid indexation over the past five years. It is not possible to claim unpaid indexation from more than five years ago; after five years, the claim to collect unpaid alimony has expired. You can prevent the claim from expiring by claiming overdue alimony payments in time by sending, for example, a registered payment reminder or notice. This is called interruption. The five-year term then starts running again for a period of five years.
Do you have questions about alimony and the indexation of alimony? Do you pay alimony and are you unable to meet the obligation to index? Or do you have problems with the alimony you receive and would you like to know what you can do? Please contact our office. We will be happy to help you.
