Can I get my alimony lowered?

The short answer

Alimony reduction is possible with significantly changed circumstances. This means that important changes have occurred since the original alimony was set. Think of a 20% or more drop in income, unemployment, illness or other major changes. The judge always assesses whether the reduction is justified. It is important not to wait with filing the request, as the reduction usually only applies from the date of your request.

What does the law say?

Article 1:401 of the Dutch Civil Code regulates the modification of alimony. The law stipulates that alimony can be modified in case of significantly changed circumstances. This means that the situation of the payer or recipient has changed to such an extent that the original alimony is no longer reasonable. The judge weighs the interests of both parties.

What should you pay attention to?

Pay close attention to the timing of your request, as the reduction usually only applies from the date of filing. Gather all relevant documents such as pay slips, termination letter or medical certificates. Try to reach an agreement with your ex-partner before going to court. Keep in mind that the procedure can take several months.

Practical example

Jan pays €800 in alimony to his ex-wife monthly. Due to the COVID-19 crisis, he loses his job and his income drops from €4,000 to €1,500 per month. Jan requests the court to reduce the alimony. The judge rules that there is a significant change in circumstances and reduces the alimony to €400 per month. The reduction applies from the date Jan filed his request with the court.

What can you do?

Start by collecting evidence and try to reach an agreement with your ex-partner first. If that doesn't work, you can file a request with the court.