Pain and Suffering Compensation in the Community of Property for Tilburg Residents
In Tilburg, this concerns the division of non-pecuniary damage awards in personal injury cases within a marriage under community of property. Important for Tilburg residents: pain and suffering compensation is usually a personal right and does not form part of the joint estate. Upon divorce or death, it is therefore treated separately, for example at the Zeeland-West-Brabant District Court in Breda.
What is pain and suffering compensation and how does it work in a Tilburg marriage?
Pain and suffering compensation covers non-pecuniary injury, such as pain, grief, and reduced enjoyment of life following an accident or unlawful act. Unlike pecuniary damage (e.g., medical costs or loss of income), which is often shared, pain and suffering compensation remains personal.
In a marriage under community of property – the default since the Act Limiting the Community of Property in 2018, unless you opt for matrimonial property agreements – assets acquired during the marriage are joint. However, personal claims such as pain and suffering compensation fall outside this. So if a Tilburg spouse suffers injury, that money belongs solely to that person.
Legal basis
The rules are found in the Civil Code (DCC):
- Article 6:106 DCC: On compensation for unlawful acts, including pain and suffering compensation for non-pecuniary damage.
- Article 1:94 DCC: Exclusive property in marriage. Paragraph 2 under d specifically mentions claims arising from unlawful acts concerning one's own body or health. Pain and suffering compensation is therefore not community property.
- Article 1:85 et seq. DCC: Basic rules on community of property.
In divorce proceedings, Article 3:179 et seq. DCC applies to the division of assets; exclusive property remains separate. The Supreme Court ruled on 20 December 2013 (ECLI:NL:HR:2013:CA2452) that pain and suffering compensation remains personal, unless it becomes intermingled with joint finances. Local cases in Tilburg are handled at the Zeeland-West-Brabant District Court in Breda.
Practical examples from Tilburg
Take Anna and Ben from Tilburg, married under community of property. Anna has an accident on Ringbaan-Zuid and receives €50,000 in pain and suffering compensation. This belongs solely to Anna, not Ben. If she deposits it into a joint account at Rabobank in Tilburg, it may become intermingled.
Or: Ben is injured in a workplace accident at a factory in Tilburg's Havenkwartier. His €30,000 pain and suffering compensation claim remains outside the community. Upon divorce, it is Ben's. Upon death, it depends on matrimonial property agreements and inheritance law.
| Situation | Pain and Suffering Compensation in Community Property? | Consequence upon Divorce |
|---|---|---|
| Injury to one spouse | No (art. 1:94 DCC) | Remains personal |
| Pecuniary damage (income) | Yes, if joint | Divided |
| Intermingled in joint account | Possibly in part | Proof required |
| Death of spouse | No, personal | Passes to heirs |
Rights and obligations for Tilburg spouses
Rights:
- The injured spouse manages the pain and suffering compensation independently.
- No obligation to share unless intermingled.
- Upon divorce: Provide proof with statements that it is personal, via the court in Breda.
Obligations:
- Keep pain and suffering compensation separate to avoid issues.
- Be transparent about claims: The spouse must assist (art. 1:89 DCC).
- If intermingled: Settle via reimbursement rights (art. 1:102 DCC).
- Deposit into a personal account at your Tilburg bank.
- Opt for limited community of property via a notary in Tilburg.
- Document everything: Keep letters and statements.
- Seek advice from Juridisch Loket Tilburg or the Municipality of Tilburg.
Frequently asked questions for Tilburg
Do I have to share pain and suffering compensation with my partner in Tilburg?
No, it is exclusive property as long as not intermingled. Contact Juridisch Loket Tilburg if unsure.
What if it is deposited in a joint account?
It may then be partly community property. Prove the personal portion with a separate account or notary.
Does this apply under matrimonial property agreements?
No, check your notarial deed with a Tilburg notary.
Impact on spousal maintenance upon divorce?
Not counted as income for spousal maintenance, but possibly for child support via increased available income.
Tips for Tilburg residents
Avoid hassle:
Read more about personal injury and divorce or matrimonial property regimes. Based on 2023 legislation; check wetten.overheid.nl.