Right to alimony?

Questioner

Here is the background to the hopeless situation I now find myself in. At the end of October 2021, my partner fell backwards down the stairs after consuming 1.5 bottles of red wine. Severe concussion as a result. On Sunday, January 29, 2022, the same thing happened again as in October 2021. After consuming 1 bottle of white wine, my partner lost her balance and fell with her head on the tiled floor. The diagnosis was a severe brain concussion and a basilar skull fracture. Having a normal conversation in Dutch is almost impossible, because she can't find the right word fast enough, she gets impatient and jumps from one topic to another. Pronouncing complete sentences is impossible. She also absolutely can't stand noise. I told her to seek help from a specialist who has experience with this. Get in good shape and go to the gym. But no, she didn't need any of that. So I cared for her for years as a caregiver. In the meantime, we were already looking for a home that would last a lifetime and we sold our home for €820,000.00 with an equity of €500,000.00, which is our pension, so to speak. Since I got a job as a self-employed person in April 2023, I naturally needed a car. Long story short. The old house was sold and a new house was bought together for €360,000.00. The entire move and everything that comes with it I had to do all by myself because my partner was too tired and lay in bed all day. To my surprise, there was €50,000.00 on it. I thought, hey, hey, finally she wants to cooperate in the purchase of the Tesla. I immediately transferred €35,000.00 to my business account, so that I could pay the €10,000.00 down payment and the €10,000.00 VAT. of the Tesla. I did not have that money for business at that time. When we got home from the family weekend, the tension was palpable, the fire was shooting out of her eyes and a normal conversation was no longer possible. She thought I had robbed her. I never had the chance to explain it, she immediately went on the attack, to the point of being aggressive. It was driving me crazy to see the love of my life deteriorating and suddenly hating me so much. After living in my friends' house for two weeks, I packed my suitcase and went back to my partner. To my amazement, it turned out that she had changed the lock without my knowledge and so I couldn't get in. My partner was not amenable to reason. (Is that even legally allowed. Locking someone out like that?). After some wandering, I was fortunately able to get an apartment. I moved in there with nothing on October 22, 2023. As long as nothing was arranged with a notary, I could not count on being able to come and collect my things. She herself was not able to arrange anything at all. In order to be able to make an appointment with the notary as quickly as possible, I drew up a settlement agreement myself, albeit under pressure from the tax authorities, and had it signed by my partner. It was clear that the division had not yet actually taken place. A week after signing at the notary I submitted another request to come and get my stuff. The answer was I'll keep everything and buy everything new myself. In this way my wine trade is seriously hampered and I find this unacceptable. Question: Can I still claim everything I paid through my ABN business account? These are all assets of the business and not of us jointly. I come up short every month. So this means that at the age of 68 I am obliged to start working. From the sale of the house I finally have € 29,250.00 left. Am I entitled to alimony?

Lawyer

I am sorry to hear that you are in a difficult situation. I will try to give some general recommendations, but it is important that you consult a lawyer or legal expert for detailed advice, as these situations can be complex. For the properties you have acquired through your business account, depending on the evidence you have (such as invoices and statements), you may consider claiming them as business property rather than joint property. It is possible that this process could be pursued through civil procedure, for example by initiating proceedings for tort or unjust enrichment. With regard to alimony, if you were married, in some cases you may be entitled to spousal support. Spousal support depends on many factors such as the needs of the requesting partner and the ability of the paying partner to pay. The fact that you are 68 years old and still working suggests that you still have income, which could affect your entitlement to spousal support. However, given the complexity of your situation and the fact that matters such as alimony and division of assets can depend heavily on the facts of the case, such as your exact financial circumstances, I would strongly recommend that you discuss this with an attorney. You may also find it helpful to consider discussing your situation with a tax advisor, as there may be tax implications associated with your situation. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response. Can we help you free of charge or refer you to the Divorce Shop? Call us during office hours on 040 2350422

Lawyer

Dear sir, Such a procedure is possible. I can tell you more about it. You can reach me at 06-48121078. Yours sincerely, Mr OG Ozturk On behalf of Helta Law