Verknochtheid

Personal attachment

An asset is so personally connected to a person that it falls outside the community and need not be divided.

Personal attachment is an exception to the principle that all assets fall into the community of property and must be divided at divorce. An asset is personally attached if by its nature it is so connected to one of the spouses that it should not fall into the community. Examples include compensation for pain and suffering and certain disability benefits. The Supreme Court has ruled that personal attachment must be assessed on a case-by-case basis.

The compensation for pain and suffering was excluded from division due to personal attachment.

Source: Art. 1:94(5) Dutch Civil Code

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