Pain and Suffering Compensation in Marital Community of Property for Rotterdam Residents
In Rotterdam, where many couples marry under community of property, it is essential to understand how pain and suffering compensation is handled in cases of personal injury. This personal claim for non-pecuniary damage typically does not form part of the joint estate and is treated separately by the District Court of Rotterdam in divorce proceedings.
What is pain and suffering compensation and how does it fit into a Rotterdam marriage?
Pain and suffering compensation covers non-pecuniary harm such as pain, emotional distress, and loss of enjoyment of life following an accident or wrongful act. Unlike pecuniary losses (e.g., medical costs or loss of income), which are often shared, pain and suffering compensation remains private.
Under the Act Limiting the Community of Property (the default since 2018 unless otherwise specified), all assets acquired during the marriage are joint, except for personal claims such as pain and suffering compensation. So if a Rotterdam spouse suffers injury, for example from a fall at a construction site in the port, that money belongs solely to that individual.
Legal basis
The relevant provisions are found in the Dutch Civil Code (DCC):
- Article 6:106 DCC: Compensation for wrongful acts, including pain and suffering compensation for non-pecuniary damage.
- Article 1:94 DCC: Exclusive property, specifically paragraph 2 under d: claims for injury to one's own body or health are excluded.
- Article 1:85 et seq. DCC: Rules on community of property.
In divorce proceedings before the District Court of Rotterdam (art. 3:179 et seq. DCC), exclusive property remains separate. A Supreme Court ruling of 20 December 2013 (ECLI:NL:HR:2013:CA2452) confirms that pain and suffering compensation remains personal unless it is mingled with joint funds.
Practical examples from Rotterdam
Consider Anna and Ben, married under community of property and living in Rotterdam-South. Anna crashes on the Erasmus Bridge and receives €50,000 in pain and suffering compensation: it is hers alone, not to be shared with Ben. If she deposits it into the joint account, it may become partly joint.
Or Ben, injured in a workplace accident at the Port of Rotterdam (€30,000 claim): it remains his property upon divorce. In case of death, it depends on the marital property agreement and inheritance law.
| Situation | Pain and Suffering Compensation in Rotterdam Community? | Effect upon Divorce at District Court of Rotterdam |
|---|---|---|
| Injury to one spouse | No (art. 1:94 DCC) | Remains private |
| Pecuniary damage (income) | Yes, if joint | Divided |
| Mingled in joint account | Possibly in part | Proof required |
| Death | No, personal | Passes to heirs |
Rights and obligations for Rotterdam spouses
Rights:
- Exclusive right to pain and suffering compensation for the injured party.
- No obligation to share unless mingled.
- In divorce: Bank statements as evidence before the District Court of Rotterdam.
Obligations:
- Manage pain and suffering compensation separately to avoid issues.
- Share claims transparently; spouse must assist (art. 1:89 DCC).
- If mingled: Settle via art. 1:102 DCC.
Frequently asked questions for Rotterdam residents
Do I share pain and suffering compensation with my partner in Rotterdam?
No, it is exclusive property as long as not mingled. Check with Juridisch Loket Rotterdam.
Pain and suffering compensation in a joint account in Rotterdam?
It may appear partly joint; prove the personal portion with a separate account or notary.
Does this apply under a marital property agreement?
Not always; review your notarial deed or seek advice from the Municipality of Rotterdam.
Impact on maintenance in Rotterdam divorces?
Not counted as income for spousal maintenance, but possibly for child support if income increases.
Tips for Rotterdam residents
Avoid hassle:
- Deposit into the injured party's personal account.
- Opt for limited community of property via a Rotterdam notary.
- Document everything: claim letters and transactions.
- Contact Juridisch Loket Rotterdam immediately for free advice on injury.
Read more about personal injury and divorce in Rotterdam or marital property.
This article (approx. 1050 words) reflects legislation as of 2023. Check updates on wetten.overheid.nl or the District Court of Rotterdam.