Upon divorce in Zoetermeer, you have a claim to a share of the pension that your ex-partner built up during the marriage. This process, known as pension equalisation, is laid down in law.
Legislation on Pension Equalisation
According to the Act on Equalisation of Pension Rights upon Divorce (Wet verevening pensioenrechten bij scheiding, Wvps), partners upon divorce are entitled to half of the old-age pension built up during the marriage. This is the default rule, unless you agree otherwise together.
Which Pensions are Subject to Equalisation?
| Is Equalised | Is Not Equalised |
|---|---|
| Old-age pension built up during marriage | Pension built up before the marriage |
| Pension in own management (DGA) | AOW benefit |
| Survivor's pension | |
| Disability pension |
How Does Pension Equalisation Work?
- Notification to Pension Fund: Within 2 years after the divorce, you must report this using a special form.
- Calculation by Fund: The fund determines which part of the pension is to be divided.
- Payment: The pension fund pays out directly to the ex-partner.
Importance of the 2-Year Period
It is crucial to notify the pension fund of the divorce within 2 years. If you do not do so, you lose the right to direct payment by the fund. You retain your right to equalisation, but must then arrange it through your ex-partner.
Alternative Options to Equalisation
| Option | Description |
|---|---|
| Standard division | Half of the pension built up during the marriage |
| Conversion | Convert pension rights into an own right |
| Waiver of Equalisation | Waive rights in the divorce settlement agreement |
| Deviating Division | Agree on a different percentage |
Special Partner Pension
In addition to old-age pension, an ex-partner is also entitled to special partner's pension. This concerns the survivor's pension built up during the marriage and is paid out upon the death of the pension beneficiary.
What does conversion entail and when is it useful?
Conversion means that the right to equalisation is converted into an independent pension right. Advantage: you are not dependent on the pension date or the death of your ex. Disadvantage: the payment may be lower. This is useful in cases of a large age difference or a difficult relationship.How does pension in own management work for a DGA?
For a DGA, the pension is built up within the own BV. This must also be divided, but payment is handled via the BV. Often, settlement with an insurer or buy-out with compensation in the asset division is chosen.What if my ex does not cooperate with the notification?
You can also notify the pension fund of the divorce independently. Send the form together with the divorce decree. The fund will then handle the equalisation without the cooperation of your ex.Frequently Asked Questions
What does pension equalisation entail?
Upon divorce, the pension built up during the marriage is divided between both parties.
Do I have to arrange this myself?
Notify the pension administrator of the divorce within 2 years for automatic division.
What is the standard division?
A 50-50 division, unless otherwise agreed in marital conditions.
When do I receive payment?
The ex-partner receives payment only when the accumulator retires.
Can I waive equalisation?
Yes, in the divorce settlement agreement you can make other arrangements.
Summary
Upon divorce, the pension is divided. Ensure you notify the pension fund within 2 years.
Key Points
- 50-50 division as standard
- Notification within 2 years
- Alternative arrangements are possible
For legal assistance in Zoetermeer, you can contact the Juridisch Loket Zoetermeer. Cases are often handled by the Rechtbank Den Haag.