Upon divorce in Westland, you have a claim to a portion of the pension that your ex-partner accrued during the marriage. This process, known as pension equalisation, is laid down in the law.
Legislation on Pension Equalisation
According to the Act on Equalisation of Pension Rights upon Divorce (Wet verevening pensioenrechten bij scheiding, Wvps), each partner is entitled to half of the old-age pension accrued during the marriage. This is the standard arrangement, unless you agree otherwise together.
Which Pensions Are Divided?
| To Be Divided | Not to Be Divided |
|---|---|
| Old-age pension accrued during the marriage period | Pension accrued before the marriage |
| Pension in own management (for DGA's) | AOW benefit |
| Survivor's pension | |
| Disability pension |
How Does This Work?
- Notification to Pension Fund: You must submit a notification within 2 years after the divorce using the correct form.
- Calculation by Fund: The pension fund determines which portion must be divided.
- Payment: The fund pays out directly to the ex-partner.
Important 2-Year Deadline
It is crucial to notify the pension fund of the divorce within 2 years. If you are too late, the right to direct payment by the fund lapses. You retain your right to equalisation, but must then arrange it yourself with your ex-partner.
Alternative Options for Equalisation
| Option | Description |
|---|---|
| Standard division | Half of the pension accrued during the marriage |
| Conversion | Conversion of rights into an own pension |
| Waiver of Equalisation | Record in a settlement agreement that you make no claim |
| Custom Division | Agree on a different percentage |
Special Partner Pension
In addition to the old-age pension, an ex-partner may claim a special partner's pension. This concerns the survivor's pension accrued during the marriage and is paid out upon the death of the pension beneficiary.
What does conversion entail and when is it useful?
Conversion means that your right to equalisation is converted into an independent pension right. Advantage: you are not dependent on the pension date or the death of your ex. Disadvantage: the payment may be lower. This is useful in cases of significant age difference or a difficult relationship.How does pension in own management work for DGA’s?
For a director-major shareholder (DGA), the pension is accrued within their own BV. This must also be divided, but payment is handled via the BV. Often, settlement with an insurer or a buy-out with compensation in the division of assets 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.Frequently Asked Questions about Pension Equalisation in Westland
What does pension equalisation entail?
Upon divorce, the pension accrued during the marriage is divided between both parties.
Do I have to arrange this myself?
Notify the divorce within 2 years to the pension administrator to guarantee automatic division.
What is the standard division?
A 50-50 division, unless otherwise recorded in marital conditions or a settlement agreement.
When do I receive the payment?
The payment starts only when the accruing party retires.
Can I waive equalisation?
Yes, you can make other arrangements in the divorce settlement agreement.
Summary
Upon divorce, the pension is divided. Ensure you notify the pension fund within 2 years.
Key Points
- Standard 50-50 division
- Notification within 2 years
- Alternative arrangements are possible