Pension Equalisation for DGA's in Westland: Practical Steps after Divorce
In Westland, the heart of Dutch greenhouse horticulture with numerous family businesses and BV's, after a divorce, the old-age pension accrued during the marriage by a DGA must be equalised. According to the Pension Equalisation Act (Wet VPS) article 2, this is done via conversion into an own pension entitlement or periodic compensation. For DGA's in their own BV, often greenhouse operators in places like Naaldwijk or Monster, this is complex due to the Old Age Reserve (FOR). The first step is an actuarial calculation of the accrual during the marriage period, taking into account local economic fluctuations in the horticulture sector and fiscal facilities.
Parties notify the equalisation to the pension administrator or the Tax Authorities in The Hague, near Westland. In own management within the BV, the reserve must be converted, which may trigger taxation in box 1. Alternatives are buy-out or average division via a notarial deed with a Westland notary. Fiscal advice from regional specialists is crucial to avoid double taxation, especially with seasonal incomes from greenhouses. The ex-partner obtains a claim on the pension fund, payable upon retirement. In case of death, the Surviving Dependants Pension Act (Wet LBIO) applies to survivors' pension. Practical examples from Westland show that timely notification within two years after divorce prevents fines, with examples of greenhouse horticulturists who successfully converted their FOR.
Important: in the event of matrimonial property arrangements with an exclusion clause, equalisation lapses, unless otherwise provided in the deed. For DGA's in Westland with BV transfers of horticulture businesses linked to pensions, always consult a local tax advisor or lawyer in Poeldijk or Kwintsheul.