In the case of divorce, pension fund assets accrued during the marriage are divided by the divorcing spouses. The division is calculated on the basis of vested benefits at the time of the marriage, and vested benefits at the time of divorce, for both spouses. The difference between these two figures gives the pension assets accrued by each spouse during the marriage. In a divorce, each spouse is entitled to half of the capital accrued jointly during the marriage.
If the spouses offset pension claims against each other, then only the difference is to be divided.
Feasibility Check Declaration
This is drawn up by the Pension Fund for the court or the insured person. The document states the vested benefits accrued by the insured person during the marriage. It also confirms whether or not the vested benefits that have been calculated can actually be divided. The declaration is valid for six months from issue. Please contact us if you need this declaration for your forthcoming divorce.
Procedure Where There Is An Agreement
The court will approve an agreement on the division of vested benefits from occupational pension schemes, provided the spouses:
have agreed on the division, as well as how it is to be carried out
present confirmation from the pension institutions concerned that the agreed arrangements are feasible in practice, and that the level of capital is as stated; and
the court has satisfied itself that the agreement complies with the law.
The court will notify the pension funds concerned of its final and absolute decision with regard to the points in question, along with the information which the pension funds require to transfer the agreed amounts. The court's decision is binding on the pension funds.
Procedure Where There Is No Agreement
If no agreement can be reached, the court will decide how pension fund assets are to be divided, and will determine the amount to be transferred.
Divorce When Benefits Are Already Being Paid
If one or both of the spouses is/are receiving benefits (retirement or disability), or if claims under occupational pension schemes cannot be divided for other reasons, the court will decide on appropriate compensation.
Pension institutions must offer spouses who have had to transfer pension capital out of the pension fund as the result of a divorce the opportunity to make voluntary contributions up to the level of the capital transferred out, in order to repurchase the benefits they would otherwise lose.