Spousal Support Capacity in Rotterdam

Spousal Support Capacity in Rotterdam

Spousal support capacity determines how much an ex-partner from Rotterdam must contribute after a divorce. It concerns the financial room left after deducting personal expenses, living costs in the city, and other obligations. This article discusses the application of Dutch family law, with specific examples from Rotterdam and practical advice for Rotterdam residents.

Statutory rules for spousal support capacity

The guidelines for spousal support are set out in the Dutch Civil Code Book 1 (BW), articles 1:157 to 1:160. Article 1:157 BW is crucial: the judge at the District Court Rotterdam assesses the need of one partner in relation to the capacity of the other. Capacity includes income, assets, living expenses in Rotterdam, and expected future earnings.

According to article 1:158 BW, you must first be able to make ends meet yourself before paying support. Child support always takes priority (article 1:404 BW). Since 2021, a 'standard income' is applied for the unemployed or those with flexible jobs, which is relevant for Rotterdam residents in precarious employment.

Calculation of capacity for Rotterdam residents

The spousal support capacity is determined individually using the Tremanorms 2023 of the courts. In short: gross income minus living expenses, Rotterdam rent costs, and obligations = capacity. This also includes benefits, allowances, and in some cases assets.

Important factors:

• Income: Salary from Rotterdam employers, unemployment benefit, state pension.
• Living expenses: Standard norm approximately €1,250 net for singles in Rotterdam.
• Housing costs: Average rent of €1,000 in neighborhoods like Delfshaven or mortgage payments.
• Child costs: Always take priority.
• Savings: A buffer of 5-10% of income is permitted.
• Debts: Outstanding loans or assistance via municipal debt counseling.

Try a support calculator for an indication, but the final decision lies with the District Court Rotterdam.

Practical examples of capacity in Rotterdam

Example 1: Marie from Rotterdam-South and Pieter divorce after 10 years. Pieter earns €4,500 net at a port company, Marie €2,000 as a freelancer. They have two children. Pieter’s capacity: €4,500 - €2,200 (living costs) - €1,000 (rent) - €800 (children) = €500. Marie’s need is €1,400, support is set at approximately €450.

Example 2: Karel from Overschie becomes unemployed after the divorce. His ex-partner claims €800. Via the standard income (article 1:157 paragraph 2 BW), the judge estimates his capacity at 70% of modal (€2,600 net), minus Rotterdam costs: €300 remaining. Without this rule, support would be nil.

Example 3: Sophie from Kralingen has €100,000 in savings. Her ex demands support, but the judge limits the capacity due to the use of assets (article 1:160 BW).

Rights and obligations regarding capacity

Rights of the paying party:

• Reject unfounded claims with proof of low capacity at the District Court Rotterdam.
• Request adjustment in case of income loss (article 1:160 BW).

Obligations:

1. Demonstrate income and expenses, for example via the Municipality of Rotterdam.
2. Do not make unnecessary expenditures to avoid payment.
3. Pay within 8 weeks after the judgment.

Rights of the receiving party: File a claim via a bailiff. For marriages longer than 12 years, often long-term support, until remarriage (article 1:157a BW).

Frequently asked questions about capacity in Rotterdam

Advice for Rotterdam residents

• Gather documentation: payslips, rental agreements. Use budget tools for overview.
• Consider mediation via Rotterdam mediators to reduce costs (mediation).
• Check annually whether adjustments are needed due to changed circumstances.