Sharing pension in case of divorce: Your rights & obligations


Questioner

I was married for 16 years and divorced. I was working, so was my ex-wife. When I retire, I have to give up part of my benefits to my ex-wife, the 16 years of our marriage, I understand, is that correct? My ex-wife doesn't have to give anything to me when she retires? Isn't this very unfair? This will come into play in about 2 years. I would like to hear if what I write here is correct!

Lawyer

The Pension Rights Equalization Act states that you must give up part of your pension to your ex-wife, as you have not remarried and have a maintenance obligation towards your former spouse because you both built up this pension at the time.

Questioner

Perhaps you could have asked me first how the situation turned out later? Or maybe I should have said it right away! First of all, I got married again after many years, you say I didn't remarry! Secondly, I had no obligation to support my ex-wife (although I did have to pay child support) because my ex-wife also worked and continued to work. My ex-wife has also built up a pension during the years that she has worked and is still working and has remarried, hasn't she? So we both had pension accrual with different employers during the 16 years that we were married? Why do I have to give up my pension for 16 years and why not my ex-wife? Maybe I don't get it and that's okay. Perhaps a further explanation for me as a layman could provide more clarity?

Lawyer

Dear questioner, I start from the question that is given to me. That I may not have acted correctly is perhaps not my fault, but nevertheless my apologies. You and your ex-partner are subject to the Pension Rights Equalization Act. This stipulates that the old-age pension that was built up during the marriage or registered partnership is each entitled to half of it by the ex-partners. This applies to both divorces before and after the retirement date. The pension provider pays the pension (net) to you separately. Division of the pension is a right, not an obligation. Ex-partners can also choose not to divide the pension. This must then be described as such in the divorce agreement. If equalisation is chosen, the pension to be paid out at the time of the divorce must be higher than the threshold amount of €451 gross per year (2013). Otherwise, no equalisation will take place. If you live abroad, the threshold amount is double. The pension received from your ex-wife will be deducted from your income. Hoping to have informed you sufficiently.

Questioner

If I understand correctly with my limited understanding of these matters, it is as follows: I have to give part of my accrued old-age pension to my ex-wife. And my ex-wife has to give me part of her accrued old-age pension? Do I have it all figured out now? If that is indeed the case, then neither of us gains much, does it? Yours sincerely,

Lawyer

Dear, Your wife pays you nothing, it is deducted from you. Whether you benefit from it depends on what your pension is. These things have nothing to do with your mind, it is a huge tangle of rules.

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