Upon divorce in Zoetermeer, it is often necessary to divide the accrued pension. Your ex-partner may claim a share of your pension rights.
Pension Equalisation under the Law
In the event of divorce, the Pension Equalisation upon Divorce Act (Wet verevening pensioenrechten bij scheiding, Wvps) applies. This means:
- The pension accrued during the marriage is divided
- By default, each partner receives 50% of this pension
- This applies only to employer pension, not to AOW
- The division must be reported to the pension fund within 2 years after the divorce
Types of Pension upon Divorce
| Type of Pension | Rule for Division |
|---|---|
| Old-age Pension | 50/50 division of the portion accrued during the marriage |
| Survivors' Pension | Ex-partner may be entitled to a special partner's pension |
| AOW | No division, each person accrues their own AOW |
Choice between Equalisation and Conversion
There are two options for the division of pension:
- Equalisation: your ex receives a share of your pension upon your retirement
- Conversion: your ex receives an immediate independent pension entitlement
Making Deviating Arrangements
It is possible to deviate from the standard division by making arrangements in marital conditions or a divorce settlement, such as:
- A different division than 50/50
- No division of pension
- Conversion instead of standard equalisation
Assistance in Zoetermeer
For legal advice on pension division upon divorce, you can go to Juridisch Loket Zoetermeer. In addition, the District Court of The Hague, under which Zoetermeer falls, handles cases regarding divorce and pension division.
Frequently Asked Questions about Pension and Divorce
Does my ex get a share of my AOW?
No, AOW is not divided. Everyone individually accrues AOW rights by living in the Netherlands.
What is the deadline for reporting the divorce to the pension fund?
This must be done within 2 years after the divorce. Otherwise, the division will not be automatically executed.
Can I exclude pension equalisation?
Yes, this can be explicitly recorded in the divorce settlement or marital conditions.
Extra Questions and Answers
How is my pension divided upon divorce?
Under the Wvps, the pension accrued during the marriage is standardly divided equally (50/50). This applies only to employer pension and must be reported to the fund within two years after the divorce.
What is the difference between equalisation and conversion?
With equalisation, your ex receives a share of your pension upon retirement. With conversion, your ex receives their own, independent pension right directly via the fund.
Can I prevent my ex from getting my pension?
Yes, by agreeing in the settlement or marital conditions that equalisation does not take place. This must be recorded in writing.
What happens to survivors' pension?
After divorce, the right to standard survivors' pension often lapses, but a special partner's pension may remain possible. Consult your pension fund for the exact rules.