Divorce? Get clear advice about alimony and debts

Questioner

My husband and I are getting divorced, married in 1998 in community of property. We have 4 children, 2 aged 8 and 2 aged 16. Furthermore, there is a debt of € 11,000. I have no income, my husband does have an income. I cannot bear the burden of the debt, can I put this blame entirely on my husband, so that he becomes responsible for it. In addition to child support, am I also entitled to spousal support and if so, for how long?

Lawyer

You can agree that the debt will be allocated to your husband. He must then pay off the debt. If he does not do this, the creditor can always come knocking on your door; this regardless of your mutual agreement that your husband must pay. Whether and if so how much alimony your husband will have to pay depends on the level of your and the children's need for alimony. This need depends on the 'prosperity' in which you lived before the divorce. Then the amount your husband can pay (his ability to pay) is calculated, after his own expenses have been paid from his income. This is calculated with more or less fixed amounts so that your husband cannot increase his expenses at his own discretion to avoid having to pay alimony. If your husband also takes on your share of the debt, you must take into account that this will be deducted from your husband's ability to pay. Child support takes precedence over spousal support. Child support can continue until the age of 21 (if the children do not yet have their own income) and spousal support in principle has a maximum duration of 12 years from the moment of divorce