Legal advice on divorce and AOW

Questioner

Hello We live in Portugal. Now it is that I want to go back to the Netherlands and my husband does not. Is that then legal separation? And what consequences does this have for, for example, the AOW, etc.?

Lawyer

As a married couple, you do not have to live together or live in the same country. You can continue to file tax returns for one and the other together, but for AOW you will receive an amount for a single person. 70%, see https://www.svb.nl/int/nl/aow/samenwonen_scheiden/uit_elkaar/index.jsp

Questioner

thank you and what about a separation from bed and board? What are the consequences? hope i'm not asking too much

Lawyer

It is not a separation from bed and board, formally you are just married, even if you do not live together. for the svb, not for the tax authorities. You simply jointly declare income and expenditure annually as if married. The difference is that one is liable for tax in the Netherlands and the other in the other country health insurance ditto. If you want to have the risks mapped out in detail, you can also contact me directly for a quick scan investigation.

Questioner

Okay. Thank you. If I want to know more I will contact you. What are the costs of this?

Lawyer

I am not allowed to make that public here, please look at my website for an indication.

Questioner

thank you and what about a separation from bed and board? What are the consequences? hope i'm not asking too much And if I understand correctly, does that 70% also apply to the other party?