To what extent do the recipient's own assets count?
I am regularly asked this question. For example, the person paying alimony may find it unfair that alimony is being asked for, while that person has assets. It is also possible that the person who has been receiving alimony for some time suddenly receives an inheritance.
Does the right to spousal support lapse if the recipient receives income from assets?
For both the recipient and the payer of spousal support, it is important to know on what basis the court makes its assessment.
In any case, income from assets is taken into account in addition to ordinary income from work or benefits.
Income from assets can be interest - although that is not so much at the moment. It can also be, for example, rental income because you have a house or room that you rent out. In that case, the actual income from renting out and the costs incurred to rent out the house or room are taken into account.
Does the recipient of maintenance have to draw on his/her own assets?
It may be that the person entitled to maintenance has considerable personal assets from, for example, an inheritance or the division of the marital property. In that case, all facts and circumstances are of interest to see if it is realistic that the recipient will have to reduce his assets and therefore receive less or no alimony.
It is generally difficult to assess whether the court will rule that the maintenance creditor has to withdraw from the assets. It depends on all the facts and circumstances and, of course, also on who puts forward these and how these are substantiated.
What circumstances are important in determining whether the maintenance creditor has to intervene?
- the size of the assets
- provide access to the assets
- age of the creditor
- pension provisions on the side of the creditor
- are there any specific costs to be expected in the future
Of course, other circumstances can also play a role. The circumstances listed above have already been determined in case law to be important in determining whether the maintenance creditor has to intervene.
