She Lives in the Netherlands, but the Courts Invent a Salary for Her in Morocco
A Moroccan woman living in the Netherlands had been denied alimony on the grounds that she could work in Morocco. The Dutch Supreme Court has now annulled that decision, ruling that this reasoning was incomprehensible.
The woman married, in Morocco, in 2019, a man holding Dutch and Moroccan nationalities. After their separation, her residence permit in the Netherlands was withdrawn retroactively, effective February 24, 2023.
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She initiated several proceedings to preserve her right to reside there. While awaiting a decision on one of her applications, she is authorized to remain in the Netherlands but may not work there.
An initial interim decision had ordered her husband to pay her 1,244 euros gross per month, an amount increased to 1,407 euros in 2025 after indexation. But during the divorce, the courts rejected her application for permanent alimony.
Morocco Cannot Pay in Her Place
The Amsterdam Court of Appeal found that the woman was capable of supporting herself. Since she could not work in the Netherlands, the judges said she should use her ability to work in Morocco.
The court therefore attributed to her a potential income corresponding to at least the Dutch minimum wage, adjusted to take into account the standard of living in Morocco. It thus considered that her former husband did not have to pay her alimony.
This reasoning nevertheless contained a contradiction: the same court acknowledged that the Moroccan woman was still living in the Netherlands, wished to remain there and had no concrete prospect of leaving for Morocco.
The Supreme Court of the Netherlands annulled the decision on July 10. It held that a woman who resides in the Netherlands but does not have the right to work there cannot be considered capable of living on income that she could earn only in Morocco.
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The case has now been referred back to the The Hague Court of Appeal. It will have to reconsider the alimony application. The Supreme Court therefore did not itself award alimony to the Moroccan woman.