Limited amendment to the alimony law

In response to the WODC report on alimony, the Minister for Legal Protection, Franc Weerwind, has considered a possible amendment to the law. In his letter to the House of Representatives, he announces a limited change.

The Minister believes that introducing a maintenance obligation upon the termination of a cohabitation is unnecessary. In his letter [pdf, 261kB], he does not rule out the possibility that unmarried couples will face financial difficulties after the end of their relationship, but the Minister attaches greater importance to the autonomy of cohabitants. Therefore, he does not want to impose legal rules. He believes the solution lies in more education about different legal forms of relationship. He sees a role for civil-law notaries, among others, in this regard.

Fairness correction
Unmarried cohabitants are not covered by a statutory marriage regime with its associated rights and obligations. The researchers have advocated for the court to be able to apply a fair financial adjustment when cohabitants separate. The Minister believes it is important that (future) partners make mutual agreements. He believes that making a statutory provision in the form of a fair adjustment for unmarried cohabitants goes too far. It would constitute an infringement on the autonomy of these partners.

Stepparents
The maintenance obligation for stepparents will be abolished. The maintenance obligation for stepparents creates more complex and vulnerable child support calculations, as more parties are involved. Abolishing the maintenance obligation for stepparents creates a simpler, less complicated, and more efficient method for calculating child support.

Defiscalization
The researchers' recommendation to detax spousal support is not being followed by the Minister. The recommendation to allow the court to order alimony buyout is also not being followed.