Old-Age Pension upon Divorce in Utrecht
Upon a divorce before the District Court of Utrecht, the accrued old-age pension is typically divided equally between ex-partners. This process, known as pension equalisation, ensures that both parties have a claim to half of the pension accrued during the marriage or partnership. Residents of Utrecht can seek personal advice from Het Juridisch Loket Utrecht. For the basic rules, see our article on pension equalisation upon divorce.
What is old-age pension?
Old-age pension refers to the periodic benefits upon retirement, often starting from AOW age. This is accrued through your employer via pension funds, insurers, or premium pension institutions (PPI). In the Netherlands, about 90% of workers participate. Upon divorce, it is treated as joint assets to be divided, unless otherwise agreed. In Utrecht, Het Juridisch Loket Utrecht helps you understand your rights.
Old-age pension does not include survivor's pension (for survivors upon death) or orphan's pension. By default, only old-age and partner's pension are equalised.
Legal basis for division in Utrecht
The division of old-age pension upon divorce is governed by the Act on Equalisation of Pension Rights upon Divorce (Equalisation of Pensions Act) of 2000. Relevant provisions include:
- Dutch Civil Code Book 1, art. 1:119-1:157: Pension equalisation as the standard upon dissolution of marriage before the District Court of Utrecht.
- Pensions Act, art. 37 et seq.: Requires pension administrators to implement it.
- Equalisation of Pensions Act (Bulletin of Acts and Decrees 2000, 418): Splitting the pension into 'own' and 'equalisation' portions by the fund administrator.
From 2023, the Future Pensions Act will change the structure of pension funds, but equalisation remains the default unless otherwise specified in a notarial settlement agreement.
Step-by-Step Division of Old-Age Pension in a Utrecht Divorce
The pension administrator claims the participant's pension (often the breadwinner) upon divorce and divides it as follows:
- Determine the marriage period: Only pension accrued during marriage or partnership years counts; for cohabitants before 2001 or by agreement.
- Halve the accrual: Half of the marital pension accrual becomes the equalisation share for the ex-partner.
- Apply conversion: The ex-partner receives their own benefit entitlement from pension age as a definitive claim.
- Settlement: Within 6 months after the District Court of Utrecht judgment, a 'pension overview upon divorce' (POBS) is issued; final settlement within 2 years.
For marriages longer than 2 years, full equalisation applies; for shorter ones, a scaled approach.
Utrecht Examples
Example 1: Jan (55, resident in Utrecht) and Marieke (52) divorce after 15 years at the District Court of Utrecht. Jan's pension: €500 gross per month. Marital share €300; Marieke claims €150/month. Jan retains €350.
Example 2: Lisa and Tom, cohabiting for 10 years in Kanaleneiland, divorce. No automatic equalisation without marriage; a settlement agreement provides an option.
Example 3: With a value transfer, the ex-partner buys out the pension, e.g., using equity from a Utrecht property.
Rights and Obligations in Utrecht Pension Division
Rights:
- Automatic processing by the fund after the District Court of Utrecht judgment.
- Access to the POBS with option for corrections.
- Options to deviate via settlement agreement: offsetting, transfer, or waiver.
Obligations:
- Report the divorce to the ex-partner (via a Utrecht lawyer or notary).
- Review the POBS within 3 months.
- Notarial settlement agreement for deviations; seek advice from Het Juridisch Loket Utrecht.
Comparison of Pension Types upon Divorce
| Pension type | Equalisation? | Accrual period | Conversion? |
|---|---|---|---|
| Old-age pension | Yes, standard | Marriage/partnership | Yes (definitive) |
| Partner's pension | Yes, half | Marriage/partnership | No, often with participant |
| Survivor's pension | No | Individual | - |
| AOW | No (state) | No division | - |
Frequently Asked Questions Utrecht
Is old-age pension always divided upon divorce in Utrecht?
No, only the marital share. Waiver is possible via notarial settlement agreement, e.g., in cases of unequal accrual. State it explicitly.
No pension accrued?
You can still claim half of your ex-partner's pension. The fund handles it; check the POBS at Het Juridisch Loket Utrecht.
Trade pension for alimony?
Yes, offset via settlement agreement, e.g., pension in exchange for spousal support. Have it reviewed legally at the District Court of Utrecht to avoid issues.