Which is the difference between marriage and legal cohabitation in Belgium

Formalities

• Marriage: a solemn ceremony before a civil registrar; strict requirements (legal capacity, absence of impediments).

• Legal cohabitation: a simple written declaration to the local municipality; also available to individuals who are not in a couple (e.g., parent/child).

• Duty of fidelity, support, and assistance.

Marriage

• Duty of fidelity, support, and assistance.

• Obligation de contribuer aux dépenses du mariage en fonction des moyens de chacun.

• • Very strong protection of the family home: no major decisions without the consent of both spouses, even if only one is the owner.

Legal cohabitation

• Obligation of mutual support and contribution to the expenses of shared living, but no duty of fidelity.

• Protection of the family home similar to marriage: the agreement of both is required to sell, mortgage, or terminate a lease.

Assets and debts

Marriage

• By default: statutory regime → community of acquisitions (income and property acquired during the marriage are shared).

• Option to choose a prenuptial agreement (separation of property, universal community of property, etc.).

Legal cohabitation

• Complete separation of assets: each partner retains ownership of their own property.

• Only minimal obligations: contribution to living expenses and protection of the family home.

Taxation

Marriage & Legal cohabitation

• Joint tax return.

• Access to the spousal allowance if one partner has little or no income. De facto cohabitation (for comparison)

Cohabitation de fait (à titre comparatif)

• Separate tax returns.

Separation

Marriage

• Requires a divorce (mutual consent or legal proceedings).

• Possibility of spousal support between former spouses.

• Ends by:

o joint or unilateral declaration to the municipality,

o marriage,

o death.

• No alimony between former cohabitants.

Rights in the Event of Death

Marriage

• Automatic Inheritance Rights:

o usufruct over the family home and its furnishings,

o more extensive rights depending on the presence of children.

Legal cohabitation

• Only automatic right: usufruct of the family home and its furnishings.

• No rights to other assets → a will is essential to further protect your partner.

Survivor’s pension

• Reserved for married individuals.

• Legal cohabitants are not entitled to it.

Summary

• Marriage offers the most comprehensive protection: assets, inheritance, survivor’s pension, financial solidarity, and housing protection.

• Legal cohabitation is an intermediate solution: housing protection and minimal organization of shared life, but no community of property or extended inheritance rights.

• For legally cohabiting partners, a will is often essential to ensure equivalent protection.