Pain and Suffering Compensation in the Marital Community of Property
For residents of Delft who are married under a community of property regime, it is essential to understand how pain and suffering compensation is handled in cases of personal injury. This personal right to compensation for non-pecuniary damage does not automatically form part of the joint estate and is treated separately by the District Court of The Hague upon divorce or death.
What is pain and suffering compensation and how does it work in a Delft marital community of property?
Pain and suffering compensation covers non-pecuniary injury such as pain, emotional distress, and reduced enjoyment of life following an accident or wrongful act. Unlike pecuniary damage (e.g., medical costs or loss of income), which is often shared, pain and suffering compensation remains strictly personal.
In a community of property regime – the default since the Limitation of Community of Property Act 2018, unless you opted otherwise at the Municipality of Delft – assets acquired during the marriage are joint. Personal claims such as pain and suffering compensation are excluded, allowing one spouse to retain the amount exclusively.
Legal Basis
The rules are set out in the Dutch Civil Code (DCC):
- Article 6:106 DCC: Wrongful act and non-pecuniary damage, including pain and suffering compensation.
- Article 1:94 DCC: Exclusive property; paragraph 2(d) explicitly excludes claims for injury to one's own body or health from the community. Pain and suffering compensation falls under this.
- Article 1:85 et seq. DCC: Rules governing the community.
In divorce proceedings, the District Court of The Hague applies Article 3:179 et seq. DCC for division of assets, excluding personal property. A Supreme Court ruling of 20 December 2013 (ECLI:NL:HR:2013:CA2452) confirms that pain and suffering compensation remains personal, unless commingled with joint finances.
Practical Cases from the Delft Region
Consider Anna and Ben, Delft residents married under community of property. Anna is injured in a cycling accident along the Nieuwe Delft and receives €50,000 in pain and suffering compensation. This remains her separate property and does not need to be shared with Ben. If she deposits it into a joint account, commingling may occur.
Or Ben, who sustains injury from a fall at a construction site in the city. His €30,000 pain and suffering claim falls outside the joint estate. Upon divorce, it remains his property. Upon death, it may pass to heirs, depending on marital property arrangements.
| Situation | Pain and Suffering Compensation in Delft Community? | Effect upon Divorce |
|---|---|---|
| Injury to one Delft spouse | No (art. 1:94 DCC) | Remains separate |
| Pecuniary damage (income) | Yes, if joint | Split |
| Commingled in joint account | Possibly in part | Proof required |
| Death in Delft | No, personal | Passes to estate |
Rights and Obligations for Delft Residents
Rights:
- Exclusive right to pain and suffering compensation for the injured party.
- No obligation to share unless commingled.
- In proceedings before the District Court of The Hague: Provide proof of its personal nature (e.g., via bank statements).
Obligations:
- Manage pain and suffering compensation separately to avoid disputes.
- The spouse must assist with claims (art. 1:89 DCC).
- If commingled: Account via art. 1:102 DCC.
Frequently Asked Questions for Delft
Do I have to share my pain and suffering compensation in Delft?
No, it is exclusive property as long as not commingled. Contact Juridisch Loket Delft for free advice.
Pain and suffering compensation in a joint account in Delft?
It may then become partly joint. Prove its personal origin, e.g., via a separate account or notary.
Does this apply under Delft marital property agreements?
Not always; your deed at the Municipality of Delft may differ. Check with a notary.
Impact on maintenance in Delft divorces?
Not considered income for spousal maintenance, but possibly for child support if income increases.
Tips for Delft Residents
Avoid hassle:
- Deposit into a personal account.
- Opt for limited community of property via a Delft notary.
- Document everything: claim letters and transactions.
- Seek help for injury claims via Juridisch Loket Delft or specialized lawyers at the District Court of The Hague.
Read more about Personal Injury in Delft and Divorce or Marital Property Regimes.
This article (approx. 1050 words) reflects legislation as of 2023. Check updates via wetten.overheid.nl or Juridisch Loket Delft.