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Pension Division upon Divorce in Utrecht

Upon divorce in Utrecht, the pension often needs to be divided. Read more about the Pension Equalisation upon Divorce Act, the division options, and where to get help.

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Upon divorce in Utrecht, the pension often needs to be divided. Your ex-partner may claim a share of the pension you have accrued.

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 split
  • Normally, each partner receives 50% of this portion
  • This concerns only the employer's pension, not the AOW
  • The equalisation must be notified to the pension fund within 24 months

Types of Pension upon Divorce

TypeDivision Rule
Old-age Pension50/50 division of the portion accrued during the marriage
Survivor's PensionEx-partner may retain entitlement to a special partner's pension
AOWNo division, everyone accrues their own AOW

Choosing between Equalisation and Conversion

There are two options for dividing the pension:

  • Equalisation: your ex receives a portion of your pension benefit upon retirement
  • Conversion: your ex obtains an independent pension entitlement, independent of your situation

Deviating from the Standard Rules

Through marital property agreements or a divorce settlement agreement, you can make arrangements regarding:

  • A split other than 50/50
  • No division of the pension
  • Conversion instead of the standard equalisation

Frequently Asked Questions about Pension Division

Is my AOW divided with my ex?

No, AOW is not divided. Everyone accrues this individually by residing in the Netherlands.

How long do I have to notify the pension fund of the divorce?

You have 2 years after the divorce to do this. Otherwise, the division will not be arranged automatically.

Can I exclude pension equalisation?

Yes, this can be recorded in the divorce settlement agreement. It must be clearly agreed in writing.

Help and Institutions in Utrecht

For legal support, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55. In addition, the Rechtbank Midden-Nederland, located at Vrouwe Justitiaplein 1, handles cases regarding divorce and pension division.