What is alimony?
Alimony between ex-spouses is intended to compensate for an economic disparity created by the breakdown of the marriage. It is awarded by the judge or provided for in the mutual consent divorce agreement.
Alimony is the financial aid paid by one ex-spouse to the other, after divorce, when one of them is in need. It is governed by the Belgian Civil Code and subject to strict conditions.
Alimony between ex-spouses is intended to compensate for an economic disparity created by the breakdown of the marriage. It is awarded by the judge or provided for in the mutual consent divorce agreement.
To obtain alimony after divorce, the requesting spouse must prove they are in a state of need: they cannot cover their essential needs with their own income.
Support may be refused if the requesting spouse has committed a serious fault that led to the breakdown of the marriage (e.g.: violence, notorious infidelity with financial impact).
In case of domestic violence, the judge may on the contrary favour the award of support to the victim, and set aside the defence based on fault.
The amount takes into account:
- the need of the creditor spouse
- the resources of the debtor spouse
- the duration of the marriage
- the age and state of health of the parties
- the standard of living during the marriage
The legal maximum is in principle one third of the debtor's income.
- Monthly payment
- Annual indexation (according to the consumer price index)
- Duration: as a rule limited to the duration of the marriage
- Review possible in case of substantial change of circumstances
- Assessment of your chances of obtaining / contesting support
- Amicable negotiation of the amount
- Representation before the Family Court
- Request for review or termination
- Collection in case of non-payment
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Your English-speaking lawyer at the Brussels Bar
Sarah Satti, lawyer at the Brussels Bar, primarily practises family law. She guides her clients through all family proceedings with rigour and kindness.
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