Divorce and alimony

In this blog post, we'll discuss a topic that unfortunately comes up frequently, but one we're happy to help you with: divorce and alimony. What does it mean, and how can you prepare? We'll try to explain it all in easy-to-understand terms.

What is divorce?

Divorce marks the official end of a marriage. It can be an emotionally and legally complex time. A divorce involves many decisions, such as the division of assets, childcare, and financial arrangements.

The important role of alimony

After a divorce, alimony can be an important topic. Alimony is a financial contribution from one ex-partner to the other for living expenses. There are two types of alimony:

• Spousal support: this is a contribution for the ex-partner who is less financially strong (after a marriage or a registered partnership (GPS));

• Child support: This is a contribution towards the costs of caring for and raising children. For minor children, this is paid to the ex-partner with whom the children have their primary residence.

How is alimony calculated?

The amount of child support is determined based on various factors, particularly the needs (of the children or the person entitled to support) and the ability to pay (of the person obligated to pay support). Factors to consider include:

• The income of both ex-partners;

• The duration of the marriage (in case of alimony);

• The standard of living during marriage;

• The needs of ex-partner and/or children.

The process of divorce

A divorce procedure usually involves the following steps:

1. In case of a petition for divorce : one of the partners or both partners jointly file a petition with the court;

2. Consultation and Mediation: Often the ex-partners try to reach an agreement through consultation (possibly through lawyers) or through mediation, this can be done either before or after filing for divorce;

3. Hearing: If no agreement can be reached, the judge will decide on the division of assets, child care and alimony;

4. Order and registration: Ultimately, the court will issue an order following the consultation and/or hearing. This order must be registered in the designated civil registry of the municipality after the appeal period has expired. This makes the divorce final.

   
   

As already evident from the above, there are many different ways this procedure can proceed. It is also possible for both parties to submit a joint application (through a single lawyer or with each party's own lawyer after consultation). This requires that they have reached an agreement on all the consequences of the divorce and have formalized this in a divorce settlement and (where necessary) a parenting plan.

Why Hire a Lawyer?

Filing a divorce petition with the court requires legal assistance, as this can only be done by a lawyer. At Van der Toorn Advocaten, we have extensive experience with divorces and alimony, and we are ready to guide and support you in this process.

Conclusion

Divorce is a life-changing event that can bring many questions and uncertainties. Alimony is a crucial part of this process, ensuring that both parties are treated fairly financially. Do you have questions or need assistance? Feel free to contact Van der Toorn Advocaten.