Spousal maintenance after divorce in Belgium: conditions, amount and duration

Besides child maintenance, a divorce gives rise to a second, frequently misunderstood flow of money: spousal maintenance after divorce, paid by one former spouse to the other. Contrary to what many people think, this maintenance is not automatic. It depends on the needs of one spouse, the means of the other and the conduct of both, and it is limited in time. This article explains when maintenance is owed, how much it can be, how long it lasts and when it ends.

When are you entitled to spousal maintenance after divorce?

In a divorce on the ground of irretrievable breakdown (onherstelbare ontwrichting / désunion irrémédiable), the spouse who is in a state of need (staat van behoefte / état de besoin) may claim maintenance from the other spouse, unless the spouses have agreed otherwise (Article 301 of the old Civil Code). This divorce is granted on a joint application after more than six months of de facto separation, on the application of one spouse after more than one year of de facto separation, or where the irretrievable breakdown is proven in another way (Article 229). More about divorce proceedings in Belgium.

In a divorce by mutual consent (echtscheiding door onderlinge toestemming / divorce par consentement mutuel), the spouses decide themselves whether maintenance will be paid, how much and for how long, or whether they waive it for good. More about divorce by mutual consent.

During the proceedings, the family court (familierechtbank / tribunal de la famille) may also order interim measures, including interim maintenance. That interim maintenance is based on the duty of support between spouses, which continues as long as the marriage has not been dissolved. It may therefore be more generous than maintenance after divorce, which primarily covers the state of need. More about urgent and interim measures.

The conditions

The spouse who applies for maintenance must show that they are in a state of need. The court assesses this in the light of the income and earning possibilities of both spouses. A spouse who interrupted or reduced their career during the marriage for the sake of the family may rely on that.

The court may refuse maintenance if the other spouse proves that the applicant committed a serious fault that made it impossible to continue living together. A spouse who has been found guilty of certain serious acts of violence against the other spouse, or of an attempt to commit such acts, will in no case receive maintenance.

The amount of spousal maintenance

The court sets an amount that at least covers the applicant’s state of need. It takes into account the income and earning possibilities of both spouses and the significant deterioration in the applicant’s economic situation. To assess that deterioration, the judge looks in particular at the length of the marriage, the ages of the parties, how they divided tasks during the marriage and the care of the children.

Maintenance may not exceed one third of the income of the paying spouse (Article 301, § 3). The judge looks at the real financial capacity of both parties, including their earning capacity: someone who voluntarily works less cannot simply hide behind that choice. The judge may also decide that the maintenance will be degressive, so that it decreases step by step over time.

The amount is automatically indexed to the consumer price index, unless the judge decides otherwise.

How long does maintenance last?

In principle, maintenance may not last longer than the marriage did (Article 301, § 4). After ten years of marriage, it therefore in principle ends after ten years. In exceptional circumstances, the court may extend the period if the recipient shows that, when it expires, they are still in a state of need for reasons beyond their control. The amount is then limited to what is needed to cover that state of need.

When does maintenance end or change?

Maintenance is not set in stone. It may end or be adjusted in the following cases:

• automatically when the recipient remarries or makes a declaration of legal cohabitation (wettelijke samenwoning / cohabitation légale), unless the parties have agreed otherwise;
• the judge may end maintenance if the recipient lives with another person as if they were married;
• the judge may increase, reduce or cancel maintenance if, owing to new circumstances beyond the parties’ control, the amount is no longer appropriate, for example after an involuntary loss of employment or on retirement;
• on the death of the paying spouse (see below).

Lump sum and death

Maintenance may at any time be replaced by a lump sum, provided the parties reach an agreement that is approved by the court (Article 301, § 8). A lump sum replaces the periodic payments and can give both parties legal certainty.

If the paying spouse dies, maintenance is no longer owed. The recipient may, however, under certain conditions claim maintenance from the estate (Article 301, § 10).

Tax treatment

Maintenance payments are, under certain conditions, partly tax-deductible for the payer and taxable to the same extent for the recipient: 70% for payments made in 2025, 60% in 2026 and 50% from 2027 (previously 80%; Act of 18 December 2025). Since 2026, payments to someone living outside the European Economic Area and Switzerland are no longer deductible. When setting or negotiating an amount, it is therefore worth looking at the net result for both parties. The tax treatment of a lump sum may differ from that of periodic payments, so have it checked in advance.

What if spousal maintenance is not paid?

Maintenance set by a judgment or in an enforceable agreement can be enforced, for example by attachment (seizure) or by an authorisation to collect the debtor’s salary or other income directly from the employer or another third party (Article 301, § 11). The ordinary limits on the attachment of wages do not apply to maintenance claims (Article 1412 of the Judicial Code). More about attachment and the role of the bailiff (huissier de justice).

The Maintenance Claims Service of the FPS Finance (SECAL / DAVO) may also, under certain conditions, take over collection. For maintenance between former spouses, this service does not pay advances: those are reserved for child maintenance.

Preparing your case

Anyone applying for maintenance must demonstrate their state of need in concrete terms: their own income, fixed expenses, career choices during the marriage and efforts to earn an income themselves. Anyone contesting maintenance will map out the real means and possibilities of the other party. In both cases, complete documents are decisive, such as tax assessment notices, payslips and bank statements.

Frequently asked questions

My ex deliberately does not work. Does that count?

Yes. The court looks at the real possibilities of both parties. Someone who voluntarily forgoes income makes their claim of need less convincing.

In a divorce by mutual consent, can we agree that maintenance will never change?

The court may later adjust agreed maintenance if new circumstances beyond the parties’ control justify it, unless the spouses expressly agreed in their settlement that this is not possible. Such a clause calls for careful consideration.

Do I still have to pay if my ex lives with someone?

In the case of legal cohabitation, maintenance ends automatically, unless you agreed otherwise. If your ex lives with someone as if they were married, the judge may end maintenance; you will, however, have to prove that cohabitation.

Can maintenance exceed one third of my ex’s income?

Not when the court sets the amount: one third of the paying spouse’s income is then the ceiling. In a divorce by mutual consent, the spouses set the amount themselves in their agreement.

Novex Advocaten can help

Do you want to claim, contest or have spousal maintenance reviewed? We give you a realistic assessment of your rights and obligations and defend your interests before the family court. For children, please see our article on child maintenance.

Call 0484 99 22 72 or email asfour@novexadvocaten.be.