Entering into a new relationship and cohabiting can have consequences for spousal support. In the case of spousal support, this can lead to a permanent termination of the payment obligation.
Spousal Support upon Cohabitation
According to Dutch legislation, spousal support ends if the receiving party:
- Remarries
- Enters into a registered partnership
- Cohabits with another as if they were married
What Does 'Cohabiting as Married' Mean?
This term is used when there is a long-term, romantic relationship with a shared household. Characteristics of this 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 relationship | At least several months of cohabitation |
| Emotional bond | A romantic relationship |
Impact on Spousal Support
If spousal support stops due to cohabitation, this is an irrevocable decision. Even if the new relationship ends later, the support obligation is not reinstated. This distinguishes it from other reasons for termination.
Child Support and New Relationships
Cohabitation has no direct influence on the child support obligation. However, it can affect financial capacity:
- A new partner can contribute to living expenses
- This can increase the paying party's payment capacity
- Or reduce the recipient's need
How Do You Prove Cohabitation?
As the support payer, you must prove that cohabitation is occurring. This can be done via:
- An extract from the Personal Records Database (BRP)
- 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 will need to gather evidence to demonstrate that cohabitation as if married is occurring. Consider BRP extracts, testimonies, or social media posts. A judge will consider all factors.What is the impact of a LAT relationship on support?
A LAT relationship (Living Apart Together) generally does not lead to termination of support, as there is no shared household. In exceptional cases, a judge may still attach consequences to a very close LAT relationship.Can I recover support if my ex has been cohabiting longer?
Yes, if you can prove that your ex was cohabiting earlier, you can reclaim overpaid support. For this, you must demonstrate from when the cohabitation began.Frequently Asked Questions about Support in Utrecht
How can I prove that my ex 'cohabits as married'?
This requires a durable relationship with a shared household. Indicators include registration at the same address, shared finances, a romantic bond, and a certain duration. A judge assesses this based on evidence such as BRP data or witness statements.
Does spousal support stop automatically upon cohabitation?
No, you must submit proof yourself and file a request with the court. Only after a judgment does the obligation end. Do not stop paying arbitrarily, or you risk arrears.
Does cohabitation affect child support?
No, child support does not stop, but the amount can be adjusted. If a new partner contributes to costs, this can affect capacity or need. Consult a legal advisor.
Court and Legal Aid Office in Utrecht
For matters regarding support, you can go to the Central Netherlands District Court, Vrouwe Justitiaplein 1, Utrecht. For free legal advice, contact the Legal Aid Office Utrecht, Catharijnesingel 55.