Partner Pension for Cohabiting Partners in Delft
Partner Pension for Cohabiting Partners in Delft is an important arrangement that allows a cohabiting partner to qualify for a share of the other's old-age or survivor's pension. Unlike marriage or registered partnership, which often apply automatically, Delft residents must arrange this explicitly themselves. This article for Delft residents explains how to secure partner pension, including local tips via Juridisch Loket Delft and legal requirements.
What Does Partner Pension Mean for Delft Residents?
Partner pension provides benefits from an employee's pension scheme to the partner upon retirement (old-age pension) or death (survivor's pension), to prevent financial hardship. For cohabiting partners in Delft, there is no automatic entitlement: pension funds such as ABP (for TU Delft employees) only recognize partners under strict provisions in their regulations, usually requiring proof of a long-term relationship.
Legal Basis for Partner Pension in Delft
The arrangement is based on the Pensions Act and Civil Code Book 1 for family law. Article 1:28 CC describes cohabitation as a durable joint household without marriage or partnership. The District Court of The Hague handles related cases for Delft residents.
Pension funds rely on collective agreements and their own rules. Under the Act on Equalisation of Pensions upon Divorce (2008) and Pensions Act amendments (2023), they must treat cohabiting partners equally to married couples, provided the criteria are met, such as:
- At least 6 months registered at the same address with the Municipality of Delft.
- Notarial cohabitation agreement with maintenance obligations.
- Proof of joint household.
Without this, the partner receives only state pension without supplement. Juridisch Loket Delft offers free advice on this.
Differences Between Marriage, Partnership, and Cohabitation in Delft
| Category | Automatic Partner Pension? | Requirements in Delft | Legal Basis |
|---|---|---|---|
| Married Couples | Yes | Marriage in BRP with Municipality of Delft | Art. 1:28 CC |
| Registered Partnership | Yes | Registration with Municipality of Delft | Art. 1:80 CC |
| Cohabiting Partners | No | Notarial agreement + address proof from Municipality of Delft | Pension regulations + CC 1:28 |
Cohabiting partners in Delft must take proactive steps. See also: Cohabitation Agreement and Pension upon Divorce.
Step-by-Step Guide for Partner Pension as a Cohabiting Partner in Delft
Follow these steps:
- Draw up a notarial cohabitation agreement: Via a Delft notary, including maintenance obligations. Costs: €300-€600. Juridisch Loket Delft assists with preparation.
- Check pension regulations: Ask your employer or fund (ABP, PFZW) about the partner definition.
- Submit partner declaration: Including the agreement and BRP extract from Municipality of Delft.
- Arrange private pension: Designate beneficiary for annuities.
The Future Pensions Act (2023) eases requirements, but notarial documentation remains essential for Delft residents.
Rights and Obligations Regarding Partner Pension
Rights:
- Survivor's pension (often 70% of accrued amount).
- Interim pension upon death in service.
- Retroactive to 6 months.
Obligations:
- Actively notify the fund.
- Upon separation: settle via agreement, subject to review by District Court of The Hague.
- Pension is taxable in your tax return.
Real-Life Cases from Delft
Case 1: Lisa and Mark from Delft lived together for 4 years without an agreement. After Mark's death, Lisa received no pension: €18,000/year lost.
Case 2: Sophie and Tom have had an agreement since 2021. Tom works at TU Delft (ABP). Sophie receives 60% after his death, enough for rent in Delft.
Case 3: Marriage automatically divides pension 50/50; cohabiting partners must arrange this in their agreement.
Frequently Asked Questions for Delft Residents
Automatic Partner Pension as a Cohabiting Partner in Delft?
No. Required: notarial cohabitation agreement and pension regulations. Seek advice from Juridisch Loket Delft.
No Notary? What Then?
No partner status, only state pension for singles. Act quickly via Municipality of Delft.
Partner Pension upon Separation?
No for survivor's pension, yes for old-age pension if contractual, as in divorce.
How Do I Check My Pension in Delft?
Via mijnpensioenoverzicht.nl with DigiD.
Tips for Delft Residents
- Check Annually: Update for changes in rules.
- Add a Will: Partner pension doesn't cover everything; bequeath to survivor.
- Seek Advice: From Juridisch Loket Delft or fund tools.
- With Children: Pension takes precedence; adjust will accordingly.