Partner Pension for Cohabiting Partners in Amsterdam
Partner pension for cohabiting partners in Amsterdam is an important arrangement that allows a cohabiting partner to claim a share of the other's old-age or survivors' pension. Unlike married couples and registered partners, who are often automatically protected, cohabiting partners in Amsterdam must explicitly arrange this themselves. This article provides practical advice for Amsterdam residents, including local resources such as the Juridisch Loket Amsterdam.
What does partner pension mean for cohabiting partners in Amsterdam?
Partner pension provides a benefit from an employee's pension scheme to the partner upon death (survivors' pension) or retirement (old-age pension). It prevents financial hardship for the surviving partner. In Amsterdam, with many cohabiting couples, pension funds only recognize cohabitants if strict conditions are met, depending on the fund's rules. Proof of a long-term relationship is usually essential.
Legal basis for partner pension in Amsterdam
The arrangement is based on the Pension Act and Civil Code Book 1 for family law. Article 1:28 DCC defines cohabitation as a durable joint household without marriage or partnership. Pension funds apply their own rules from collective agreements or employment terms. Due to the Pension Equalisation upon Divorce Act (2008) and Pension Act amendments (2023), funds treat partner pension equally for married and cohabiting partners, provided the criteria are met. This typically includes:
- At least 6 months registered at the same address with the Gemeente Amsterdam.
- Notarial cohabitation agreement including maintenance obligations.
- Proof of joint household.
Without this, the Amsterdam cohabitant receives only state pension without partner supplement. Contact Juridisch Loket Amsterdam for a free check.
Differences between married couples, registered partners, and cohabitants in Amsterdam
| Category | Automatic partner pension? | Requirements in Amsterdam | Legal basis |
|---|---|---|---|
| Married couples | Yes | Marriage in Personal Records Database (BRP) with Gemeente Amsterdam | Art. 1:28 DCC |
| Registered partnership | Yes | Registration with Gemeente Amsterdam | Art. 1:80 DCC |
| Cohabitants | No | Notarial agreement + proof of durable household in BRP | Pension rules + DCC 1:28 |
This table shows why cohabiting partners in Amsterdam must take proactive steps. See also: Cohabitation Agreement and Pension upon Divorce.
How to arrange partner pension as a cohabiting partner in Amsterdam?
Step-by-step for Amsterdam residents:
- Enter into a notarial cohabitation agreement: Document the durable relationship and obligations with an Amsterdam notary. Costs: €300-€600. Start with Juridisch Loket Amsterdam for advice.
- Check pension rules: Ask your employer or fund (e.g., ABP) about the partner definition.
- Submit partner declaration: Annually or upon change, with agreement and BRP address proof from Gemeente Amsterdam.
- Arrange private pension: Designate beneficiary for annuities or savings accounts.
The Future Pensions Act (2023) slightly relaxes requirements, but notarial documentation remains key in Amsterdam.
Rights and obligations regarding partner pension
Rights:
- Survivors' pension (often 70% of accrued amount).
- Interim pension upon death in service.
- Retroactive effect up to 6 months.
Obligations:
- Actively notify the fund.
- Upon separation: equalize via agreement, possibly via Rechtbank Amsterdam.
- Pension is taxable in tax return.
Amsterdam case examples
Example 1: Lisa and Mark have lived in the Jordaan for 5 years without an agreement. After Mark's death, Lisa gets nothing; loss of €20,000/year. Juridisch Loket Amsterdam could have helped.
Example 2: Sophie and Tim from De Pijp have had a notarial agreement since 2020. Tim with ABP; Sophie receives 60% after his death, enough for rent.
Example 3: Upon retirement: marriage automatically splits 50/50; cohabitants must arrange this in agreement.
Frequently asked questions for Amsterdam
Do I automatically get partner pension as a cohabiting partner in Amsterdam?
No. You need a notarial cohabitation agreement plus fund rules. Check with Juridisch Loket Amsterdam.
What if no notary?
No partner status; only state pension for singles. Arrange it now via Gemeente Amsterdam or the loket.
Does it apply upon separation in Amsterdam?
Not for survivors' pension, but old-age pension is equalized if contractual, as in divorce via Rechtbank Amsterdam.
How do I check my pension in Amsterdam?
Via mijnpensioenoverzicht.nl with DigiD. Local help at Juridisch Loket Amsterdam.
Tips for cohabiting partners in Amsterdam
- Check annually: Funds change; update with BRP details.
- Add a will: Partner pension doesn't cover everything; bequeath to survivor.
- Seek advice: Use fund tools or visit Juridisch Loket Amsterdam.
- With children: Pension takes precedence over inheritance share; adjust will with Amsterdam notary.