Entering into a new relationship and cohabiting can have consequences for alimony. In the case of spousal alimony, this may lead to a permanent termination of the obligation.
Spousal Alimony upon Cohabitation
According to Dutch legislation, spousal alimony ends if the receiving party:
- Enters into a new marriage
- Enters into a registered partnership
- Cohabits with someone as if they were married
What Does 'Cohabiting as 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 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 irrevocable. Even if the new relationship ends later, the alimony obligation is not reinstated. This distinguishes it from other reasons for termination.
Child Alimony and New Relationships
Cohabitation has no direct impact on child alimony. However, it may affect financial capacity:
- A new partner may contribute to living expenses
- This may increase the paying party's ability to pay alimony
- Or reduce the receiving party's needs
How Do You Prove Cohabitation?
As the payer, you must demonstrate that cohabitation is occurring. Possible means of proof include:
- Municipal registration data
- Witness statements
- Information from social media or other public sources
- A private investigator (provided it is within legal boundaries)
What if my ex-partner denies cohabiting?
You must gather evidence demonstrating cohabitation as if married. Consider municipal extracts, testimonies, or social media posts. A judge will consider all facts and circumstances.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. In exceptional cases, a judge may still attach consequences to a very close LAT relationship.Can I reclaim paid alimony in case of hidden cohabitation?
Yes, if you can prove that your ex has been cohabiting for some time, you can reclaim overpaid alimony. You must demonstrate from when the cohabitation began, for example with official documents or witnesses.Frequently Asked Questions about Alimony in Leiden
How can I prove that my ex 'cohabits as married'?
This requires a durable loving relationship with a shared household. Indicators include registration at one address, shared finances, a romantic bond, and a certain duration. A judge will assess this based on evidence such as municipal records or witness statements.
Does spousal alimony end automatically upon cohabitation?
No, you must provide proof yourself and file a request with the court. Only after a court ruling does the obligation end definitively. Do not stop paying unilaterally, 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 alleviate financial burdens, affecting capacity or needs. Consult a legal advisor for recalculation.
What if my ex secretly cohabited?
You can reclaim overpaid amounts if you have proof of the cohabitation. Consider registration dates or bank records. Ask the court to terminate the alimony retroactively.
What if my ex denies it but I have proof?
Submit your proof, such as municipal documents or witness statements. The judge will take this into account to determine if cohabitation exists.
Relevant Institutions in Leiden:
- District Court of The Hague, Leiden Location
- Juridisch Loket Leiden, Stationsweg 46