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 Pension | Division Rule |
|---|---|
| Old-age pension | 50/50 division of the part accrued during the marriage |
| Survivors' pension | Ex-partner may retain entitlement to special partner's pension |
| AOW | No 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.