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Pension Division upon Divorce in Leiden

Upon divorce in Leiden, the pension often needs to be divided. Read more about the Pension Equalisation Act, division options, and legal assistance in Leiden.

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Upon divorce in Leiden, the accrued pension often needs to be divided. Your ex-partner may claim a share of your pension rights.

Pension Equalisation under the Act

Under the Act on Equalisation of Pension Rights upon Divorce (Wet verevening pensioenrechten bij scheiding, Wvps), the following rules apply:

  • The pension accrued during the marriage is divided
  • By default, each partner receives 50% thereof
  • This concerns only employer pension, not AOW
  • The division must be reported to the pension fund within 2 years after the divorce

Types of Pension upon Divorce

Type of PensionDivision Rule
Old-age pension50/50 division of the part accrued during the marriage
Survivors' pensionEx-partner may retain entitlement to special partner's pension
AOWNo division, everyone accrues their own AOW

Choosing between Equalisation and Conversion

There are two options for dividing the pension:

  • Equalisation: your ex receives a share of your pension upon your retirement
  • Conversion: your ex obtains an independent pension entitlement, independent of your situation

Making Deviating Arrangements

In marital property agreements or a divorce settlement agreement, you can record alternative arrangements:

  • A different division than 50/50
  • No division of pension
  • Conversion instead of standard equalisation

Practical Information for Leiden

For legal support in Leiden, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. In addition, the District Court of The Hague, Leiden location, handles cases concerning divorce and pension division.

Frequently Asked Questions about Pension upon Divorce

Does my ex-partner also get my AOW?

No, AOW is not divided. Everyone independently accrues AOW rights by residing in the Netherlands.

Within what period must I notify the pension fund of the divorce?

This must be done within 2 years after the divorce, otherwise the division will not be automatically arranged.

Can I exclude pension equalisation?

Yes, this can be explicitly recorded in the divorce settlement agreement or marital property agreement.