Upon divorce in Leiden, you have a claim to a share of the pension that your ex-partner accumulated during the marriage. This process, known as pension equalisation, is laid down in the law.
Statutory Regulation on Pension Equalisation
According to the Act on Equalisation of Pension Rights upon Divorce (Wet verevening pensioenrechten bij scheiding, Wvps), partners upon divorce are entitled to half of the old-age pension accumulated during the marriage. This is the default rule, unless you agree otherwise together.
Which Pensions Are Divided?
| Is divided | Is not divided |
|---|---|
| Old-age pension accumulated during the marriage period | Pension accumulated 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: Within 2 years after the divorce, you must report this using a special form.
- Calculation by the fund: The pension fund determines which portion must be divided.
- Payment: The fund pays the amount directly to the ex-partner.
Important 2-Year Deadline
It is crucial to report the divorce to the pension fund within 2 years. If you fail to do so, 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 accumulated during the marriage |
| Conversion of rights | Convert pension into an independent right |
| Waiver of division | Record in a settlement agreement that you make no claim |
| Customised division | Agree on a different percentage |
Special Partner Pension
In addition to the old-age pension, an ex-partner is entitled to a special partner's pension. This concerns the survivor's pension accumulated 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 the right to equalisation is converted into an own pension right. The advantage is that you are not dependent on the pension date or the death of your ex. The disadvantage is that the payout may sometimes be lower. This can be useful in cases of a large age difference or a difficult relationship.How does pension in own management work for DGA’s?
For a DGA, the pension is often accumulated within their own BV. This must also be divided, but payment is handled via the BV. Often, a choice is made for paying into an insurer or a buy-out with compensation in the asset division.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 Leiden
What does pension equalisation mean?
Upon divorce, the pension accumulated during the marriage is fairly divided between partners.
Do I have to arrange this myself?
Yes, report the divorce within 2 years to the pension administrator for automatic handling.
What is the standard division?
Normally 50-50, unless otherwise stipulated in marital conditions or a settlement agreement.
When do I receive the payment?
The payment starts only when the accumulator retires.
Can I waive equalisation?
Yes, you can make other arrangements in the divorce settlement agreement.
In Short
Upon divorce, the pension is divided. Ensure you report this to the pension fund within 2 years.
Key Points
- Standard division is 50-50
- Notification within 2 years is essential
- Alternative arrangements are possible
Relevant Institutions in Leiden:
For legal support, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. In addition, the District Court of The Hague, Leiden location, handles matters regarding divorce and pension division.