Upon divorce in Utrecht, 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 the law.
Legislation on Pension Equalisation
According to the Act on the 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 standard rule, unless you agree otherwise together.
Which Pensions Are Divided?
| Is divided | Is not divided |
|---|---|
| Old-age pension built up during marriage | Pension built up before the marriage |
| Pension in own management (DGA) | AOW benefit |
| Survivor's pension upon death | |
| Disability pension |
How Does This Work?
- Notification to pension fund: Within 2 years after the divorce, you must report this using a special form.
- Calculation by the fund: The fund determines which part of the pension is to be divided.
- Payment: The pension fund pays the share directly to the ex-partner.
Important 2-Year Deadline
It is crucial to report the divorce to the pension fund 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 this yourself with your ex-partner.
Alternative Arrangements for Equalisation
| Option | Description |
|---|---|
| Standard division | Half of the pension built up during the marriage |
| Conversion of rights | Convert pension into an independent right |
| Waiver of division | Record in a settlement agreement that you make no claim |
| Customised division | Agree on a different percentage |
Special Survivor's Pension
In addition to the old-age pension, the ex-partner may claim a special survivor's pension. This concerns the survivors' pension built up during the marriage and paid out upon the death of the pension beneficiary.
What does conversion entail and when is it useful?
With conversion, your right to equalisation is converted into an independent pension right. The advantage is that you are not dependent on the pension date or the death of your ex-partner. The disadvantage is that the payment may sometimes be lower. This can be advantageous in the case of a large age difference or a difficult relationship.How does pension in own management work for a DGA?
For a director-major shareholder (DGA), the pension is often built up within their own BV. This must also be divided, but the payment is handled via the BV. Often, settlement with an insurer or a buy-out with compensation in the asset division is chosen.What if my ex-partner 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-partner.Frequently Asked Questions about Pension Division
What does pension equalisation mean?
Upon divorce, the pension built up during the marriage is fairly divided between both partners.
Do I have to arrange this myself?
Report the divorce to the pension administrator within 2 years to guarantee automatic division.
What is the standard division?
A 50-50 division, unless otherwise agreed, for example in marital conditions.
When do I receive the payment?
The payment starts only when the pension accumulator retires.
Can I waive my right?
Yes, in the divorce settlement you can record deviating agreements.
Summary
Upon divorce, the pension is divided. Ensure you report this to the pension fund within 2 years.
Key Points
- Standard 50-50 division
- Notification within 2 years
- Deviating agreements are possible
Help in Utrecht
For legal support, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55. For court matters, you can contact the Rechtbank Midden-Nederland, Vrouwe Justitiaplein 1.