If you get divorced, arrangements must also be made with regard to your pension. This includes both old-age pension and partner’s pension. Old-age pension is the pension you receive when you retire. Partner’s pension is the pension you receive when your partner dies.
Old-age pension
In principle, after a divorce, you are both entitled to half of the retirement pension accrued by the other spouse during the marriage. When your ex-spouse retires, you will receive your share of the retirement pension directly from the insurer. This only applies when you complete and submit the appropriate forms within two years of divorce. As such, you will no longer be dependent on your ex-spouse.
You and your ex-spouse are free to deviate from this standard distribution. You may want to agree on conversion, to buy out the old-age pension, to agree on a percentage other than 50/50, or to waive pension rights.
Our lawyers will advise you on the best way to settle pension entitlements upon divorce.
Partner’s pension
Partner’s pension is also called special surviving partner’s pension. This is the pension you have insured for your spouse in case you were to die before your partner. That person will receive this pension from the pension insurer at the time of your death. Your spouse will retain this entitlement to a partner’s pension after divorce, if it is an accrual-based partner’s pension. If the partner’s pension is insured on a risk basis, the partner’s pension entitlement is lost after divorce.