Old-age Pension upon Divorce in Westland

Old-age Pension upon Divorce in Westland

Upon a divorce for residents of Westland, such as in Naaldwijk or 's-Gravenzande, the accrued old-age pension is generally divided equally between ex-partners. This mechanism, known as pension equalisation, ensures that both parties have a claim to half of the pension built up during the marriage or partnership. For broader insights into the basic rules, see our article on pension equalisation upon divorce. In Westland, you can turn to the Westland District Court for your divorce proceedings.

What is an old-age pension?

The old-age pension refers to the periodic benefits paid upon retirement, often starting at state pension age. Employees in Westland build this up through their employer with pension funds, insurers, or PPI's. Over 90% of workers in the Netherlands, including greenhouse workers in Westland, participate in this. Upon divorce, it qualifies as joint assets to be divided, unless otherwise agreed.

Unlike survivor's pension (for survivors after death) or orphan's pension, only old-age and partner pensions are standardly subject to equalisation.

Legal basis for dividing old-age pensions upon divorce

The handling of old-age pensions upon divorce in Westland is governed by the Pension Equalisation upon Divorce Act (Wet VPS) of 2000. Key provisions include:

• Dutch Civil Code Book 1, art. 1:119-1:157: Pension equalisation as the default upon dissolution of marriage or partnership.
• Pensions Act, art. 37 et seq.: Requires pension providers to implement it.
• Pension Equalisation upon Divorce Act (Wet VPS) (Bulletin of Acts and Decrees 2000, 418): Pension administrators split into 'own' and 'equalisation' portions.

As of 1 January 2023, the Future Pensions Act changes the funds' structure, but equalisation remains mandatory unless specified otherwise in a notarial settlement agreement. For local advice: the Westland Legal Aid Office.

How is the old-age pension divided upon divorce in Westland?

Upon divorce, the pension administrator claims the participant's pension (often the main earner) and splits it as follows:

1. Determine the period: Only the build-up during marriage or partnership years counts. This also applies to cohabitants before 2001 or with an agreement.
2. Assign half: Half of the marital build-up becomes the equalisation portion for the ex-partner.
3. Conversion: The ex-partner acquires their own entitlement to benefits from pension age, as a final claim.
4. Processing: Within 6 months of divorce, a 'pension overview upon divorce' (POBS) is issued. Division must be finalised within 2 years.

After >2 years of marriage, full equalisation; shorter periods use a pro rata scale.

Practical examples from Westland

Example 1: Piet (55) from Monster and Anna (52) from Poeldijk divorce after 15 years. Piet's pension: €500 gross. Marital portion €300, so Anna gets €150/month from her pension age. Piet retains €350.

Example 2: Sara and Karel from Kwintsheul cohabit for 10 years and separate. No automatic equalisation without marriage, but a settlement agreement can provide for division.

Example 3: With value transfer, the ex pays out, e.g., using home equity via Municipality of Westland mortgage advice.

Rights and obligations regarding old-age pension and divorce

Rights:

• Automatic handling by the fund (no action required).
• Access to POBS with option to correct.
• Opt out via settlement agreement: offset, transfer, or exclusion.

Obligations:

• Report divorce via lawyer/notary to Westland District Court.
• Check POBS within 3 months.
• Notarial settlement agreement for deviations.

Comparison: Old-age pension vs. other pensions

Frequently asked questions