Partner Maintenance Capacity
Partner maintenance capacity determines how much maintenance an ex-partner must pay to residents of Delft. It refers to the remaining financial resources after deducting living expenses, housing costs in the region and other obligations. In this article, we explain how this works under Dutch family law, with examples relevant to Delft and tips from local organisations such as the Juridisch Loket Delft.
Legal Basis of Partner Maintenance Capacity
The rules for partner maintenance are set out in Civil Code Book 1 (CC), articles 1:157 to 1:160. Article 1:157 CC is key: the District Court of The Hague balances the needs of the recipient against the capacity to pay of the payer. For residents of Delft, these cases are handled by the District Court of The Hague (The Hague location). Capacity to pay considers income, assets, expenses and future prospects, including high rental prices in Delft.
Article 1:158 CC requires that the payer must first be able to support themselves. Child maintenance takes priority (article 1:404 CC), and since 2021, a 'standard income' applies to the unemployed or those on flexible contracts to avoid inequality.
How Does the Court Calculate Capacity to Pay in Delft?
Partner maintenance capacity is calculated on a case-by-case basis, based on the Trema guidelines 2023 of the courts. Formula: income minus living expenses and obligations = capacity to pay. In Delft, gross income, benefits and sometimes savings are included, taking into account local costs such as rent around the Markt.
Key elements:
- Income: Salary, benefits, pension or income from maintenance.
- Living expenses: Standard amounts for singles (approx. €1,250 net/month, higher in Delft due to cost of living).
- Housing costs: Rent or mortgage in Delft (average €1,000+).
- Child costs: Priority for child maintenance.
- Savings: Necessary reserve (5-10% of income).
- Debts: Ongoing loans or student debts.
Try a maintenance calculator for an estimate; the District Court of The Hague makes the final decision.
| Factor | Example Delft (net/month) | Effect on Capacity |
|---|---|---|
| Income | €3,600 | + |
| Living expenses | -€1,900 | - |
| Housing costs Delft | -€1,000 | - |
| Child maintenance | -€650 | - |
| Available capacity | €50 | Determines maintenance |
Examples of Partner Maintenance Capacity around Delft
Example: Marie and Pieter from Delft divorce after 12 years. Pieter earns €4,200 net, Marie €1,800. Two children. Pieter's capacity: €4,200 - €2,100 (living) - €950 (Delft rent) - €750 (children) = €400. Marie's needs €1,300, maintenance approx. €350.
Example 2: After divorce, Karel becomes unemployed in the TU Delft area. Ex claims €750. Using standard income (article 1:157(2) CC), the court estimates capacity at 70% of modal income (€2,600 net) minus costs: €250 remaining. Without this, zero.
Example 3: Sophie from Delft has €120,000 in savings. Ex claims maintenance, but the court limits capacity due to asset usage (article 1:160 CC).
Rights and Obligations Regarding Capacity to Pay
Rights of the payer:
- Refuse unreasonable claims with evidence of low capacity at the District Court of The Hague.
- Request modification in case of income drop (article 1:160 CC).
Obligations:
- Disclose income and expenses with payslips.
- No hiding via luxury spending; live reasonably.
- Pay within 8 weeks of judgment.
Rights of the recipient: Claim via court or bailiff. After >12 years of marriage, often long-term until remarriage (article 1:157a CC).
FAQs on Partner Maintenance Capacity in Delft
Does capacity change with income reduction?
Yes, request modification at the District Court of The Hague (article 1:160 CC) with proof of dismissal. Urgent? Interim relief.
Are savings included?
Yes, above €15,000-€25,000 buffer. Investments count as income. Seek advice from Juridisch Loket Delft.
Difference from child maintenance?
Children come first (Nibud standards). Partner after children. Read about child maintenance.
How long does maintenance last in Delft?
>5 years marriage often until retirement, based on capacity. Short relationships: often nil.
Tips for Residents of Delft
- Document everything: payslips, Delft rental agreements. Use budgeting apps.
- Mediation via local mediators saves costs (divorce mediation).
- Recalculate annually on changes.
- Tax benefits: deductible for payer, income for recipient.
- No capacity? Benefits via Municipality of Delft or Debt Rescheduling Act.
For advice: Juridisch Loket Delft or local family law solicitors. Related: Partner Maintenance, Divorce Procedure Delft, Child Maintenance.