Pension equalization on divorce: the pension is split
Besides the assets, retirement provision is also divided on a divorce: pension equalization. The pension rights acquired during the marriage are in principle split in half, so that both are secured in old age.
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What you should do now
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1. Record the rights
Both fill out the information forms; all pension providers are queried by the court.
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2. Determine the marriage period
What matters are the rights from the marriage until the end of the month before the divorce petition is served.
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3. Check the exceptions
A short marriage, minor amounts or a notarized agreement can affect the equalization.
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4. Advice
With company or private pensions it is worth checking whether the split is done correctly (procedural cost aid if applicable).
Frequently asked questions
Is the pension also split on divorce?
Yes. The pension rights acquired during the marriage (statutory pension, company and private pensions) are in principle split in half; that is pension equalization. The family court carries it out automatically, without you having to apply for it separately.
Can pension equalization be excluded?
Yes, through a notarized agreement (in a prenuptial agreement or as part of the divorce consequences). Such agreements are, however, subject to a court validity and exercise review and may not unfairly disadvantage one partner. With a short marriage (up to 3 years) the equalization takes place only on application anyway.
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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.