Upon divorce in Westland, the accrued pension often needs to be divided. This may mean that your ex-partner claims a share of your pension rights.
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 applies only to employer pension, not to AOW.
- The division must be notified to the pension fund within 2 years after the divorce.
Types of Pension upon Divorce
| Type of Pension | Rule on Division |
|---|---|
| Old-age Pension | 50/50 division of the portion accrued during the marriage. |
| Survivor's Pension | Ex-partner may be entitled to a special partner pension. |
| AOW | Is not divided; everyone accrues this individually. |
Choosing between Equalisation and Conversion
There are two options for dividing the pension:
- Equalisation: your ex receives a portion of your pension benefit once you retire.
- Conversion: your ex receives an independent pension entitlement directly, independent of your situation.
Deviating Arrangements on Division
It is possible to deviate from the standard division by making arrangements in marital conditions or a divorce settlement agreement, such as:
- A different division than 50/50.
- No division of the pension.
- Conversion instead of the standard equalisation.
Frequently Asked Questions about Pension upon Divorce in Westland
Does my ex have a right to my AOW?
No, AOW is not divided. Everyone accrues this themselves by living in the Netherlands.
What is the deadline to notify the pension fund of the divorce?
You must do this within 2 years after the divorce, otherwise the pension will not be automatically divided.
Can I exclude pension equalisation?
Yes, this can be recorded in a divorce settlement agreement, but it must be explicitly agreed.
Additional Questions about Pension Division
How exactly is my pension split upon divorce?
Under the Wvps, the employer pension accrued during the marriage is standardly divided equally (50/50). This does not apply to AOW. The division must be notified to the pension fund in Westland or the surrounding area within two years.
What is the difference between conversion and equalisation?
With equalisation, your ex receives a portion of your pension upon payout. With conversion, your ex receives their own, independent entitlement, independent of your retirement date. This must be recorded in the settlement agreement.
Can I prevent my ex from claiming my pension?
Yes, by agreeing in marital conditions or a settlement agreement that equalisation does not take place. This must be recorded in writing, otherwise the standard rule applies. Contact a lawyer in Westland for advice.
What happens to survivor's pension after divorce?
Often, your ex loses the right to standard survivor's pension, but some funds offer a special partner pension. Check this with your pension fund or seek advice from the Juridisch Loket Westland.
Do I need to take action myself for the division?
Yes, notify the pension fund of the divorce within two years. Otherwise, the division will not be automatically executed. This can be done via a lawyer or directly with the fund.
How do I know which portion of my pension needs to be divided?
It concerns only the portion accrued during the marriage. Your pension fund can calculate this based on your marriage duration and accrual. Consult your Uniform Pension Overview (UPO) or an advisor in Westland.
What if my ex and I cannot reach agreement on the division?
If you cannot agree, a mediator or lawyer can help. In the extreme case, the District Court of The Hague (district Westland) can make a decision on the division.