Old-age Pension upon Divorce in Zoetermeer
Upon a divorce before the Zoetermeer District Court, the accrued old-age pension is typically divided equally between ex-partners. This process, known as pension equalisation, ensures each party has a claim to half of the pension built up during the marriage or partnership. Zoetermeer residents can seek advice from Het Juridisch Loket Zoetermeer. For general information, see our article on pension equalisation upon divorce.
What is old-age pension?
Old-age pension is the monthly benefit paid upon retirement, typically starting at state pension age (AOW age), accrued through pension funds, insurers, or premium pension institutions (PPIs) via employers. In the Netherlands, around 90% of workers participate. Upon divorce at the Zoetermeer District Court, it qualifies as joint assets unless otherwise stipulated in a settlement agreement.
Unlike survivors' pension (for surviving dependents upon death) or orphans' pension, only old-age pension and partner pension are subject to standard equalisation.
Legal basis for division in Zoetermeer
Handling of old-age pension upon divorce is governed by the Pension Equalisation upon Divorce Act (Wet VPS) since 2000. Key provisions:
- Civil Code Book 1, art. 1:119-1:157: Pension equalisation as the default rule upon dissolution of marriage.
- Pension Act, art. 37 et seq.: Requires pension providers to implement it.
- Pension Equalisation Act (Wet VPS) (Stb. 2000, 418): Division into 'own' and 'equalisation portions' by fund administrators.
From 2023, the Future Pensions Act reforms pension funds without altering the equalisation requirement. Exceptions are possible via a notarial settlement agreement, which must be submitted to the Zoetermeer District Court.
How does division of old-age pension work in practice?
After divorce via the Zoetermeer District Court, the pension administrator calculates the division:
- Determine the period: Accrual during marriage or partnership years counts (for cohabitants before 2001 or as agreed).
- : Half of the marital pension becomes the equalisation portion for the ex-partner.
- Conversion: The ex-partner receives their own payout right from pension age (definitive entitlement).
- Processing: Within 6 months of the judgment, a 'Pension Overview upon Divorce' (POBS) is issued; finalisation within 2 years.
For marriages over 2 years, full equalisation applies; shorter marriages use a sliding scale.
Examples from Zoetermeer practice
Example 1: Pieter (55) and Laura (52) from Zoetermeer divorce after 15 years. Pieter's pension: €500 gross, marital portion €300. Laura claims €150/month from her pension age. Pieter retains €350.
Example 2: Cohabiting Zoetermeer residents divorce after 10 years. No automatic equalisation, but possible via notarial settlement agreement.
Example 3: With value transfer, the ex-partner pays out, e.g., using home equity via Zoetermeer Municipality mortgage advice.
Rights and obligations upon divorce in Zoetermeer
Rights:
- Automatic division by the pension fund after Zoetermeer District Court judgment.
- Access to POBS and option to correct it via Het Juridisch Loket Zoetermeer.
- Opt out via settlement agreement: offset, transfer, or waiver.
Obligations:
- Report the divorce to the fund (via lawyer/notary).
- Review POBS within 3 months.
- Notarial settlement agreement for deviations, to be filed with the Zoetermeer District Court.
Comparison of pension types upon divorce
| Pension type | Equalisation? | Accrual period | Conversion? |
|---|---|---|---|
| Old-age pension | Yes, standard | Marriage/partnership | Yes (definitive) |
| Partner pension | Yes, half | Marriage/partnership | No, usually with participant |
| Survivors' pension | No | Individual | - |
| AOW | No (state) | No division | - |
Frequently asked questions for Zoetermeer residents
Is old-age pension always split upon divorce?
No, only the marital portion. Waiver possible via notarial settlement agreement, e.g., for unequal accrual. Specify explicitly and have it reviewed by Het Juridisch Loket Zoetermeer.
No pension accrued yourself?
Yes, you automatically claim half of your ex-partner's pension. Check the POBS in the Zoetermeer District Court proceedings.
Trade pension for alimony?
Yes, offset via settlement agreement, e.g., pension for alimony. Have it legally assessed by Het Juridisch Loket Zoetermeer to avoid risks.