01 April 2016

Will I keep my survivor’s pension if I start a new relationship?

The survivor’s pension is a pension to which widows or widowers may be entitled after the death of their (married) partner. Once it has been awarded, you must meet certain conditions in order to keep the survivor’s pension.

But what if you subsequently meet a new partner and are deciding whether or not to live together? What influence does a new relationship have on the receipt of the survivor’s pension?

It depends on the type of new relationship and cohabitation. Four different types can be distinguished:

  1. Not living together: each partner has a separate domicile
    There is no effect in this case on the pension system.  In other words, the survivor’s pension is kept.
  2. De facto cohabitation:  with or without the same domicile

  3. There is no effect in this case on the pension system.  In other words, the survivor’s pension is kept.
  4. Legally cohabiting: same domicile is mandatory
    There is no effect in this case on the pension system.  In other words, the survivor’s pension is kept.
  5. Remarriage (regardless of the matrimonial regime): same domicile is mandatory

  1. There is an effect in this case on the pension system.  The survivor’s pension is suspended. In other words, it is not kept. If the new marriage is subsequently dissolved (in any way), you may regain your entitlement to the survivor’s pension.

Note: Different rules apply to the income guarantee for the elderly (IGO), and the type of relationship does have an effect!

If you receive a survivor’s pension and you are in a new relationship, don’t be worried about moving in together. Your survivor’s pension will only be suspended if you get married.

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