Entering into a new relationship and cohabiting can have consequences for alimony. In the case of spousal alimony, this can 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 If They Were Married' Mean?
This means there is a long-term, loving relationship with a shared household. Important characteristics include, among others:
| Characteristic | Explanation |
|---|---|
| Joint address | Both are registered at the same residential address |
| Financial interdependence | Joint bank accounts or shared expenses |
| Long term | Cohabiting for a period of at least several months |
| 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 later ends, the alimony obligation is not reactivated. This distinguishes it from other reasons for termination.
Child Alimony and New Relationships
A parent's cohabitation has no direct impact on the child alimony obligation. However, it can affect financial capacity:
- A new partner can help with living expenses
- This can increase the paying party's payment capacity
- Or reduce the receiving party's financial need
How Do You Prove Cohabitation?
As the paying party, you must prove cohabitation yourself. This can be done via:
- An extract from the municipal basic registration
- Witness statements
- Information from social media or other public channels
- A private detective, provided it is within legal boundaries
What if my ex-partner denies cohabiting?
You must prove that there is cohabitation as if married. Collect evidence such as registration data, third-party statements, or online photos. A judge will consider all factors.Does a LAT relationship affect alimony?
A LAT relationship (Living Apart Together) generally does not lead to termination of alimony, because there is no shared household. In exceptional cases, a judge may decide that there are consequences for a very close LAT relationship.Can I recover alimony if my ex has been cohabiting longer without reporting it?
Yes, if you can prove that your ex was cohabiting earlier, you can claim back overpaid alimony. You must provide proof of the start date of the cohabitation and file a request with the court.Frequently Asked Questions about Alimony in Westland
How can I establish if my ex 'cohabits as if they were married'?
This requires a durable loving relationship with a shared household. Indicators include registration at the same address, shared finances, a romantic bond, and a minimum cohabitation period. A judge assesses the situation based on evidence such as municipal extracts or testimonies.
Does spousal alimony automatically stop if my ex cohabits?
No, you must prove that your ex is cohabiting and file a request with the court. Only after a court ruling does the obligation end definitively. Do not stop paying without legal steps, otherwise you risk arrears.
What is the impact of cohabitation on child alimony?
Child alimony continues, but the amount may change. If your ex cohabits, the new partner can contribute to costs, which may reduce the need. Your own capacity may also increase. Consult a legal advisor for recalculation.
Can I recover overpaid alimony in case of hidden cohabitation?
Yes, if you have proof that your ex has been cohabiting longer, you can file a request to terminate the alimony retroactively and recover the excess paid. Provide evidence such as registration dates or statements.
What if my ex denies cohabitation despite evidence?
You must demonstrate cohabitation with concrete evidence, such as municipal documents, testimonies, or online information. A judge will assess this. Consult a lawyer in Westland for support via the Juridisch Loket Westland or the Rechtbank Den Haag.