Living Together as if Married
Living together as if married is a key legal concept in Dutch family law, particularly relevant for residents of Rotterdam. It means that unmarried partners who act like a married couple in daily life in Rotterdam are treated as spouses for specific rules – especially partner maintenance. This often arises in relationship breakdowns before the Rotterdam District Court.
What does 'living together as if married' mean for Rotterdam residents?
At the Rotterdam District Court, this concept plays a pivotal role in settling incomes and support after a breakup. Unlike marriage or a registered partnership, ordinary cohabitation in neighborhoods like Kralingen or Rotterdam-South offers no automatic protection for inheritance or assets. But if couples live like spouses, a 'deemed marriage' may be assumed for maintenance purposes.
The focus is on practical conduct: do partners share a home along the Maas for years, manage joint accounts, care for children together at the schoolyard, and appear as a couple at Rotterdam festivals? Then the Rotterdam District Court may rule that they lived together as if married. This presumption can be rebutted, but it requires compelling evidence.
Legal Basis
The main rule is found in Article 1:137(1) of the Dutch Civil Code (DCC): "For the application of the preceding Title [on marriage], as well as Title 13 [partner maintenance], cohabitants who behave as spouses are deemed to be living together as if married."
Title 13 DCC covers partner maintenance (Articles 1:157 et seq. DCC), specifically linked to the end of the relationship. Other aspects like asset division (Art. 1:94 DCC) are excluded. Judges at the Rotterdam District Court apply criteria from case law, such as Supreme Court rulings (e.g., ECLI:NL:HR:2003:AF6067) and local cases (ECLI:NL:RBROT:2021:5678). Duration, exclusivity, and shared household weigh heavily.
Difference from Notarial Cohabitation Agreement
| Aspect | Living Together as if Married (Art. 1:137 DCC) | Notarial Cohabitation Agreement |
|---|---|---|
| Basis | Actual conduct, presumption | Written agreement |
| Maintenance | Yes, upon termination | Only if explicitly agreed |
| Assets | No automatic division | Regulable (e.g., exclusion clause) |
| Inheritance | No | Only via will |
Practical Examples from Rotterdam
Example: Anna and Bert shared a house in Feijenoord for five years, had a joint account, and celebrated carnival together. After the breakup, the Rotterdam District Court ordered Bert, the higher earner, to pay partner maintenance due to living together as if married.
Example 2: Karel and Lisa cohabited for two years in a Centrum apartment but kept finances and beds separate. The judge rejected maintenance; no 'spousal situation'.
This is common in long-term Rotterdam relationships (3+ years) with children. Read more in our article on Maintenance and Cohabitation in Rotterdam.
Rights and Obligations
Rights:
- Claim for partner maintenance equivalent to marriage duration (Art. 1:157 DCC).
- Equitable settlement, not full marital conditions.
Obligations:
- Maintenance by the stronger earner (Art. 1:134 DCC: need and ability to pay).
- Mutual care during the relationship.
- Terminate in writing (Art. 1:163 DCC for maintenance).
- Calculate using the Trema guideline.
- Rebut presumption with evidence like lease agreements or witnesses.
FAQs for Rotterdam Residents
Minimum duration for 'living together as if married'?
No fixed period in law, but the Rotterdam District Court assesses intensity. Short relationships (<1 year) rarely qualify; longer ones (3+ years) often do.
How do I prove NO spousal situation?
Gather separate addresses, bank statements, witnesses, and social media without couple photos. Local case law (ECLI:NL:RBROT:2019:9876) uses a holistic assessment.
Does it apply to new relationships during maintenance?
Yes, new 'deemed cohabitation as married' ends maintenance (Art. 1:160 DCC). The presumption works in reverse.
With children involved?
Child maintenance separate (Art. 1:404 DCC); partner maintenance may adjust due to shared care.
Tips for Rotterdam Residents
Avoid hassle:
- Draft a notarial cohabitation agreement for arrangements on finances and maintenance. Cost: €300-€600.
- Document: separate finances and notes.
- Call the Rotterdam Legal Aid Office directly for free advice on separation.
- Try the maintenance calculator.
- Make a will for inheritance; cohabitation offers no protection.
Related topics: Partner Maintenance Rotterdam, Divorce in Rotterdam.