Finances in a divorce: maintenance, assets and pension
A divorce raises many questions about money. What belongs to whom? Does maintenance have to be paid, and how much? And what happens to the pension? Financial matters are emotionally charged and legally complex. As a mediator, I help you make clear agreements together, so that you can move on without uncertainty.
Dividing the assets
How you divide your assets and debts depends on how your marriage or registered partnership is arranged under Dutch law.
Community of property
Did you marry before 1 January 2018 without a prenuptial agreement? Then you are married in full community of property. All assets and debts belong to you jointly: the house, the savings accounts, the cars and also the debts. In a divorce, these are in principle divided equally, unless you agree otherwise.
Limited community of property
Did you marry on or after 1 January 2018 without a prenuptial agreement? Then a limited community of property applies. Only what you built up together during the marriage is shared. What each of you already had before the marriage, as well as inheritances and gifts, in principle remain private. It is important to look into this carefully, so that the division is fair.
Prenuptial agreement
With a prenuptial agreement, you made your own arrangements in advance, for example that each of you keeps your own assets or that you settle income annually. Together we look at what those arrangements mean for the division now.
Spousal maintenance
Spousal maintenance is intended to support the former partner financially until they can provide for themselves. After a marriage or registered partnership, the question of spousal maintenance almost always comes up. Whether it is due, and how much, depends on the difference in income and on the financial capacity that remains after the costs of the children have been paid.
For how long?
Since 2020, spousal maintenance lasts a maximum of five years in most cases. There are exceptions, for example when there are young children, when the marriage lasted a long time or when the receiving partner will reach state pension age within the foreseeable future. Age, children and the length of the marriage all play a role. I set out the rules and choices for you, so that you know where you stand.
Child maintenance
If you have children under 18, we also arrange child maintenance. It is intended for the costs of caring for and raising the children. The amount depends on what the children need and on what both of you can contribute.
How is it calculated?
I calculate child maintenance for you according to the Trema standards: the national calculation rules that the courts also use. Both your incomes, the number of children and the division of care are taken into account. The agreements are included in the parenting plan.
For how long?
Child maintenance runs at least until the child turns 18. Between 18 and 21, parents continue to contribute to the costs of living and education. We make agreements about this too. Read more about the children under the children in a divorce.
The pension
The pension is often overlooked in a divorce, even though it can be a substantial part of the assets, especially later in life. The pension built up during the marriage is divided in a divorce.
- Equalisation. This is the standard: each of you receives half of the retirement pension built up during the marriage.
- A different division or conversion. You can also agree on something else together, for example a different ratio, or conversion: the pension is then converted into a separate, independent pension entitlement for each of you.
Pension rights only pay out later in life, so it pays to think this through carefully. We set out the agreements in the divorce settlement agreement. Where necessary, we bring in a financial adviser.
Entrepreneur or freelancer?
If one of you owns a business, income and the value of the business are often harder to establish. Read more in your own business and divorce and divorcing as a freelancer.
Arranging the finances together
Want to know how I can help you? Read more about divorce mediation or book an introductory meeting without obligation.
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