Division of pension after divorce
In the event of a divorce
an arrangement with regard to the pension must also be made. It applies to the retirement pension (to be received after reaching the pensionable age) that the ex-partner has the right to half of the retirement pension accrued during the marriage through the employer(s). This division is called equalisation. This is only not the case when this right is expressly excluded in any matrimonial contract
. Furthermore, the right to receive a part of the retirement pension after divorce only arises after the partner who has accrued the pension actually also retires.
Calculation of the division of the pension after divorce
By filling in and sending off in a timely manner a form specifically intended for this purpose, it can be achieved that the pension provider calculates to which part of the retirement pension the ex-partner has a right, and that the pension provider directly pays this part in due course to the ex-partner of the pension beneficiary.
However, it is also possible to reach derogating agreements with each other about the division of the pension during the divorce. For example, it can be agreed that the ex-partner receives a smaller or even larger part than half of the accrued pension in due course. The equalisation can also be fully excluded, so that each partner retains his or her entire personally accrued pension. Furthermore, it is possible to agree that no equalisation and rather conversion takes place. In case of conversion, half the retirement pension together with the accrued partner's pension is converted into a personal pension right of the ex-partner.
The manner in which other agreements can be reached concerning the division of pensions after a divorce, the pros and cons thereof and the recording of those derogating agreements are matters which AK Advocaten will discuss with you and arrange for you if you engage our services.
Division of pension rights from a company
In the event of a pension which is accrued within a company of one of the partners (self-administered pension) there is, on the basis of case law, the possibility in the event of a divorce to require that this pension is deposited with an insurance company. This is not the case if the financial position of the company prohibits this. We can potentially ascertain your legal position in consultation with the accountant and/or a pension expert.
Divorce and surviving dependant's pension
The surviving dependant's pension which was accrued for the other partner during the marriage must also be discussed. It is not often that this remains reserved for the ex-partner in the form of a special partner's pension, as there are possibilities to arrange this differently, for example by the taking out of life insurance.
It is regularly the case that during divorce proceedings no attention was paid to the accrued pension rights and no arrangement was made for this. This can result in disputes afterwards. It remains possible, even after the divorce proceedings, to make a claim at a later date for division or equalisation of the accrued pension.
The family law specialists of AK Advocaten can provide you with information about the various statutory schemes which have been applicable over the years and discuss with you what possibilities there are to, at a later date, reach division or equalisation of the accrued pension rights during a division. We can take the necessary steps for you for this purpose, or in consultation with you conduct legal proceedings before the court.
Please send an email to us, or call one of our family lawyers personally.
Please contact us.