Entering into a new relationship and cohabiting can have consequences for alimony obligations. For spousal alimony, this may lead to a permanent termination of the payment obligation.
Spousal Alimony upon Cohabitation
According to Dutch legislation, the obligation to pay spousal alimony ends if the receiving party:
- Enters into a new marriage
- Enters into a registered partnership
- Cohabits with a new partner as if they were married
What Does 'Cohabiting as Married' Mean?
This means there is a long-term, romantic relationship with a shared household. Some criteria for this are:
| Characteristic | Explanation |
|---|---|
| Joint address | Both are registered at the same residential address |
| Financial interdependence | Joint bank accounts or shared expenses |
| Long duration | At least several months of cohabitation |
| Emotional bond | A romantic relationship |
Impact on Spousal Alimony
If spousal alimony ends due to cohabitation, this is an irrevocable decision. Even if the new relationship ends, the alimony obligation is not reinstated. This distinguishes it from other reasons for termination.
Child Alimony and New Relationships
For child alimony, cohabitation does not cause direct termination. However, it can affect the calculation of financial capacity:
- A new partner can share living expenses
- This can increase the paying party's financial capacity
- Or decrease the recipient's needs
How Do You Prove Cohabitation?
As the paying party, you must prove that cohabitation is occurring. Methods to demonstrate this include:
- An extract from the Personal Records Database
- Witness statements
- Information from social media or public sources
- Engagement of a private investigator (provided it is within the law)
What if my ex-partner denies cohabiting?
You must gather evidence demonstrating cohabitation as married. Consider documents from the municipal administration, testimonies, or social media posts. A judge will carefully weigh all facts.Does a LAT relationship affect alimony?
In general, a LAT relationship (Living Apart Together) has no impact on alimony, as there is no shared household. However, in exceptional cases, a judge may decide otherwise if there is a very close bond.Can I reclaim paid alimony in case of hidden cohabitation?
Yes, if you can prove that your ex has been cohabiting for some time, it is possible to recover overpaid amounts. You must demonstrate from when this was the case and file a request with the court.Frequently Asked Questions about Alimony in Rijswijk
How can I establish if my ex is 'cohabiting as married'?
This means a durable relationship with a shared household. Relevant indicators are registration at the same address, shared finances, a romantic bond, and a certain duration. A judge assesses this based on evidence such as municipal documents or witness statements.
Does spousal alimony automatically end upon my ex's cohabitation?
No, you must prove cohabitation yourself and file a request with the District Court of The Hague. Without a court decision, the obligation continues. Therefore, do not stop paying without approval to avoid payment arrears.
Does cohabitation affect the child alimony I pay?
Cohabitation does not terminate child alimony, but it can affect the amount. If a new partner shares costs, the recipient's needs may decrease or your financial capacity may increase. Consult a lawyer or the Legal Aid Office Rijswijk for a recalculation.
Can I reclaim alimony in case of unnoticed cohabitation?
Yes, with evidence that your ex was cohabiting earlier, you can recover overpaid alimony. Consider registration data or bank statements to show the start date. Seek legal assistance via the Legal Aid Office Rijswijk to initiate this process.
What if my ex denies cohabitation despite evidence?
You must prove cohabitation with documentation such as an extract from the municipal personal records database, witnesses, or online information. A judge will assess this. Consider obtaining legal advice from the Legal Aid Office Rijswijk.