Spousal support and pension: Important information

Questioner

When determining the partner maintenance, is the old age pension also taken into account? After all, the paying party is assessed on the basis of their ability to pay and the claimant's needs. After a divorce, the old age pension, built up during the marriage, is paid monthly to the claimant and is deducted from the paying party. So in that case, the ability to pay decreases further with the paying party due to the claimant.

Lawyer

No, old-age pension is not taken into account in the calculation. At the time of divorce, agreements are made about pension rights. If nothing is agreed, the parties are each entitled to half of the pension rights built up by the other during the marriage. within two years of the divorce, the beneficiary must report this to the relevant pension funds.