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 obligation.
Spousal Alimony upon Cohabitation
According to the law, spousal alimony ends if the receiving party:
- Remarries
- Enters into a registered partnership
- Cohabits with another as if married
What Does 'Cohabiting as if Married' Mean?
This means there is a long-term, loving relationship with a shared household. Relevant characteristics are:
| Characteristic | Explanation |
|---|---|
| Joint address | Both are registered at the same address |
| Financial interdependence | Joint bank accounts or shared expenses |
| 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 irrevocable. Even if the new relationship fails, the alimony obligation is not reinstated. This distinguishes it from other reasons for termination.
Child Alimony and New Relationships
A parent's cohabitation has no effect on the child alimony obligation. However, it may influence the capacity to pay calculation:
- A new partner may contribute to living expenses
- This may increase the paying parent's capacity to pay
- Or reduce the receiving parent's financial need
How Do You Prove Cohabitation?
As the paying party, you must prove that cohabitation exists. Possible means of proof are:
- An extract from the Personal Records Database (BRP)
- Witness statements
- Public information from social media
- 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 BRP extracts, testimonies, or social media posts. A judge will weigh all factors.Does a LAT relationship affect alimony?
A LAT relationship (Living Apart Together) generally does not lead to termination of alimony, as there is no shared household. In exceptional cases, a judge may still attach consequences to a very close LAT relationship.Can I recover alimony if my ex secretly cohabited?
Yes, if you can demonstrate that your ex has been cohabiting for some time, you can reclaim 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 Zoetermeer
How can I prove that my ex 'cohabits as if married'?
This requires a stable, affectionate relationship with a shared household. Indicators include registration at the same address, joint finances, a romantic bond, and a certain duration of cohabitation. A judge assesses this based on evidence such as BRP data or witness statements.
Does spousal alimony automatically end upon my ex's cohabitation?
No, you must prove the cohabitation yourself and file a request with the court. Only after a court ruling does the obligation end definitively. Do not stop paying without legal steps, or you risk arrears.
Does cohabitation affect child alimony?
Child alimony does not end due to cohabitation, but the amount may be adjusted. A new partner may, for example, contribute to expenses, which affects capacity to pay or need. Consult a lawyer in Zoetermeer for a recalculation.
What if my ex denies cohabiting despite evidence?
You must demonstrate the cohabitation with evidence such as BRP extracts, testimonies, or social media information. A judge will assess this. Contact the Juridisch Loket Zoetermeer for advice or support.
Help with Alimony Matters in Zoetermeer
For legal questions about alimony and cohabitation, you can go to the Juridisch Loket Zoetermeer. In addition, the District Court of The Hague, which includes Zoetermeer, handles alimony cases. Ensure you are well-informed and engage a lawyer if necessary.