Mark de Krosse

A human, yet no-nonsense approach.

Pension, alimony, and division of assets

During a divorce, many questions often arise about finances. It’s important to gain insight into how to properly arrange your financial matters. Finances are not only an emotional issue but also legally complex. We will discuss the different financial aspects of a divorce: asset division, spousal support, child support, and pensions. As a mediator, Mark helps you and your (ex-)partner make clear agreements, so you can move forward without uncertainties.

Division of Assets

One of the most important aspects of a divorce is the division of joint assets. Assets are usually divided according to the rules of marital property law, but there are different systems that may apply, depending on how you arranged your marriage or registered partnership.

Community of property: If you were married in a community of property, this means that all assets and debts are shared. This includes the house, bank accounts, cars, and even debts. In the event of a divorce, everything is divided 50/50, unless specific agreements were made. There are sometimes exceptions, for example, when one partner has hidden debts.
Limited community of property: In a limited community of property, only assets and debts accumulated during the marriage are shared. Assets obtained before the marriage remain with the person who received them, as do any inheritances or gifts. The division of assets must be carefully reviewed to ensure everything is divided fairly.
Prenuptial agreement: When entering into a marriage, it’s possible to make separate agreements. These are called prenuptial agreements. For example, this could mean keeping assets and debts separate during the marriage. It’s important to carefully review these agreements to determine what happens after the divorce.

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The pension

One aspect that is often overlooked in a divorce is the pension. In the Netherlands, pensions are often accumulated in a joint system. This also needs to be divided in the case of a divorce. The pension can sometimes constitute a significant portion of the joint assets, especially at an older age, making it all the more important to address this properly.

Pension division

During a divorce, the accumulated pension is often divided between both partners. This is done through the so-called ‘pension equalization.’ This means that the pension built up during the marriage is shared. The division is usually 50/50, but in some cases, it may be different depending on the specific circumstances. There are two forms of pension division:

Pension equalization: The accumulated pension is divided equally during the divorce. The partner who has built up the pension receives their portion upon retirement, and the other partner receives their own share.
Pension accumulation in name: In some cases, the partner who has not accumulated a pension can have the pension registered in their name. This is arranged through the pension fund and must be clearly specified in the divorce agreement.

It is important to carefully consider the division of pension rights, as these only come into effect at a later age. It is advisable to involve a financial advisor or mediator to ensure that everything is properly arranged.

Partner alimony

The goal of partner alimony is to financially support the ex-partner until they can provide for their own livelihood. Partner alimony almost always applies if there has been a marriage or registered partnership.

Duration of alimony

The duration of partner alimony depends on the length of the marriage or registered partnership. Since 2020, the maximum duration is 5 years. It may be shorter if the partnership or marriage lasted less than 10 years.

However, there are some exceptions to the 5-year maximum. It may be extended if the youngest child is at least 12 years old, the partnership lasted longer than 15 years, or the receiving partner will be eligible for the state pension (AOW) within 10 years.

There are various rules and exceptions that apply. The age of the partners, children, or the duration of the partnership all play a role. Therefore, it is advisable to seek the assistance of mediator Mark.

Child support

If there are minor children, child support must also be arranged. Child support is intended to cover the costs of raising and caring for the children. The amount of child support is determined based on the needs of the child and the financial capabilities of both parents. The arrangements will be included in the parenting plan.

How is the amount of child support calculated?

The amount of child support is calculated using the Trema table. The table takes into account the income of both parents, the number of children, and the specific costs associated with the care of the children. The calculation is done by Mark, who ensures that the child support is fairly distributed.

Duration of child support

Child support must be paid until the minor child reaches the age of 18. If the child continues to study afterward, the support may continue until the child turns 21. Both parents must agree to this arrangement.