Dutch court: Partner’s voluntary job loss doesn’t reduce child maintenance
By Rosemarie Post
For expats navigating divorce and child maintenance in the Netherlands, understanding how courts assess financial responsibility is essential. GMW Lawyers explains a recent Dutch court ruling that clarifies how voluntary lifestyle choices, such as a partner leaving their job, can impact child maintenance obligations.
The Court of Appeal Arnhem-Leeuwarden (ECLI:NL:GHARL:2026:755, February 10, 2026) has issued a ruling about child maintenance and living costs after divorce.
In this case, a man argued that his financial capacity had decreased because his new partner had quit her job to live with him. The court disagreed. The judges said the partner’s decision to stop working was voluntary, and such a personal choice cannot affect the financial wellbeing of the children from a previous relationship. In short, a parent cannot avoid child maintenance just because a new partner chooses not to work.
The court also confirmed that when partners live together, housing costs must normally be shared. Even if the rent or mortgage is in one name, each partner benefits and should contribute their fair share. For that reason, only half of the housing costs were attributed to the man when calculating his capacity to pay.
Finally, the court chose to use standardised (forfaitary) housing expenses instead of the exact costs. This method increases fairness and predictability by applying the same calculation standards to similar cases.
How this affects expats
For many expats in the Netherlands, family finances can be complex - particularly with cross-border situations, new relationships, and mixed households. This judgment makes it clear that lifestyle choices, such as a partner voluntarily leaving a job, will not reduce a parent’s obligation to pay child maintenance.
The court’s approach reflects a consistent principle in Dutch family law: maintaining the children’s standard of living after separation takes priority over new personal circumstances.
The duty to provide maintenance
Former partners are always required to provide financial support for their children. However, there is not always an obligation to support one another after divorce. In principle, only after a marriage or registered partnership has been dissolved, and when one partner earns significantly more, does the legal duty to pay spousal maintenance arise.
How maintenance is calculated in the Netherlands
Whether maintenance must be paid depends on several factors:
- The need of the recipient (based on the lifestyle during the relationship or marriage)
- The earning capacity of that partner (current income and potential to earn)
- The financial capacity of the paying partner
Separate calculations are made for child maintenance and spousal maintenance. This requires specialist expertise and knowledge of Dutch legal standards.
GMW Lawyers can calculate the amount of maintenance to be paid, an essential part of any divorce. They specialise in drafting agreements, providing advice, and conducting proceedings concerning both spousal maintenance and child maintenance. They regularly assist international clients, entrepreneurs, company directors, and families with complex financial or cross-border issues. So, if you have any questions, please feel free to contact GMW lawyers.
Family law brings together many complex elements: emotional burdens, legal challenges, financial concerns, and tax implications. When going through a divorce, it’s easy to feel overwhelmed, especially when dealing with such family (law) issues. Handling these situations effectively requires a high level of expertise.
Rosemarie Post, a lawyer in the family and inheritance law section, deals with these challenges in her daily practice. She is involved in (inter)national divorces, the dissolution of cohabitation, property disputes, and matters related to children. Additionally, she advises and litigates on inheritance matters, such as the division and settlement of estates and determining the legitimate portion.
Before joining GMW, Rosemarie was a senior judicial officer at the Family Law team of the Court of The Hague. Her experience at the court has provided her with in-depth knowledge of the specific processes and approaches of the judiciary, giving her a significant advantage when assessing legal issues.
Rosemarie values the opportunities at GMW advocaten to focus on specialisation, to work with clients of diverse nationalities and backgrounds, and to collaborate within the large family law section of the firm.Read more