Partner Pension for Cohabiting Partners in Den Haag
Partner Pension for Cohabiting Partners in Den Haag is an important scheme that allows unmarried couples living in the residence to claim a share of their partner's old-age or survivor's pension. Unlike marriages or registered partnerships, which are often automatically protected, cohabiting partners in Den Haag must arrange this themselves properly. This article provides practical advice for Den Haag residents, including local resources such as the Juridisch Loket Den Haag.
What is Partner Pension for Cohabiting Partners?
Partner pension provides benefits from an employee's pension scheme to their partner upon retirement (old-age pension) or death (survivor's pension). It prevents financial hardship for the surviving partner. For cohabiting partners in Den Haag, there is no automatic entitlement: pension funds only recognize you as a partner with strict proof of a long-term relationship, depending on their regulations.
Legal Rules for Partner Pension in Den Haag
The scheme is based on the Pensions Act and Civil Code Book 1 for family law. Article 1:28 CC defines cohabitation as a durable joint household without marriage or partnership. The District Court of Den Haag handles related family law cases.
Pension funds rely on collective agreements and employment rules. Due to the Pension Equalisation upon Divorce Act (2008) and Pensions Act amendments (2023), married couples and cohabitants are treated equally, provided the criteria are met. Often required:
- At least 6 months registered at the same address with the Municipality of Den Haag.
- Notarial cohabitation agreement including maintenance obligations.
- Proof of joint household.
Without this, as a cohabitant you only receive state pension (AOW) without partner supplement. The Juridisch Loket Den Haag offers free initial advice on this.
Differences Between Marriage, Registered Partnership, and Cohabitation
| Category | Automatic Pension? | Requirements in Den Haag | Legal Basis |
|---|---|---|---|
| Married Couples | Yes | Marriage in BRP Municipality of Den Haag | Art. 1:28 CC |
| Registered Partnership | Yes | Registration with Municipality of Den Haag | Art. 1:80 CC |
| Cohabitants | No | Notarial agreement + address proof from Municipality of Den Haag | Pension Regulations + CC 1:28 |
Cohabiting partners in Den Haag must therefore take the initiative. See also: Cohabitation Agreement and Pension upon Divorce.
Step-by-Step Guide to Arranging Partner Pension as a Den Haag Resident
Follow these steps:
- Draw up a notarial cohabitation agreement: Formalize the durable relationship and obligations with a notary in Den Haag. Costs: €300-€600. Start at the Juridisch Loket Den Haag for information.
- Check pension rules: Ask your employer or fund (e.g., ABP) about the partner definition.
- Submit partner declaration: Annually or upon change, including the agreement and BRP extract from the Municipality of Den Haag.
- Arrange private pension: Designate beneficiary for annuities.
The Future Pensions Act (2023) eases requirements, but notarial documentation remains essential in Den Haag.
Rights and Obligations Regarding Partner Pension
Rights:
- Survivor's pension (usually 70% of accrued amount).
- Interim pension upon death in service.
- Retroactive up to 6 months.
Obligations:
- Proactively notify the fund.
- Upon breakup: settle via agreement, possibly through the District Court of Den Haag.
- Pension is taxable in your tax return.
Den Haag Practice Examples
Example 1: Lisa and Mark from Schilderswijk have lived together for 4 years without an agreement. After Mark's death, no pension for Lisa; she misses €18,000 per year for rent.
Example 2: Sophie and Tom from Scheveningen have had a notarial agreement since 2021. Tom at PFZW; Sophie receives 65% survivor's pension, sufficient for her Den Haag living expenses.
Example 3: Marriage vs. cohabitation: For pensions, it automatically splits 50/50 for married couples; cohabitants must arrange this themselves in the agreement.
Frequently Asked Questions for Den Haag
Automatic Partner Pension as a Cohabitant?
No. Notarial cohabitation agreement and fund rules required. Check with Juridisch Loket Den Haag.
Without a Notary?
No partner status. Only single-person AOW. Arrange it now via Municipality of Den Haag registration.
Upon Separation?
Survivor's pension lapses; old-age pension may be equalized via agreement, similar to divorce at the District Court of Den Haag.
Check Pension?
On mijnpensioenoverzicht.nl with DigiD. For local advice: Juridisch Loket Den Haag.
Tips for Cohabiting Partners in Den Haag
- Check Annually: Funds change; update with Municipality of Den Haag.
- Combine with Will: Pension doesn't cover everything; bequeath to partner.
- Seek Advice: From Juridisch Loket Den Haag or pension fund tools.
- With Children: Pension takes precedence over inheritance share; adjust will via Den Haag notary.