Upon divorce in Rijswijk, the accrued pension often needs to be divided. This may mean that your ex-partner can claim a portion of your pension rights.
Pension Equalisation under the Law
In the event of divorce, the Act on Equalisation of Pension Rights upon Divorce (Wet verevening pensioenrechten bij scheiding, Wvps) applies. This means:
- The pension accrued during the marriage is split
- Normally, each partner receives 50% of this portion
- This applies exclusively to employer pension, not to AOW
- The division must be notified to the pension fund within 2 years after the divorce
Types of Pension upon Divorce
| Type | Arrangement |
|---|---|
| Old-age pension | 50/50 split of the portion accrued during the marriage |
| Survivors' pension | Ex-partner may retain entitlement to a special partner's pension |
| AOW | No division, each individual accrues this individually |
Choosing between Equalisation and Conversion
There are two options for dividing pension:
- Equalisation: your ex receives a portion of your pension upon your retirement
- Conversion: your ex receives an independent pension entitlement directly, independent of your situation
Making Deviating Arrangements
In marital conditions or a divorce settlement agreement, you can stipulate:
- A split other than 50/50
- No division of pension
- Conversion as an alternative to equalisation
Practical Questions about Pension Division
Is my AOW divided upon divorce?
No, AOW is not divided. Each individual accrues this by residing in the Netherlands.
What is the deadline to notify the pension fund of the divorce?
You have 2 years after the divorce to notify this. Otherwise, the division will not be carried out automatically.
Can I exclude pension equalisation?
Yes, this can be stipulated in the divorce settlement agreement, but it must be explicitly agreed.
Help in Rijswijk
For legal advice on pension division upon divorce, you can go to the Juridisch Loket Rijswijk. In addition, the District Court of The Hague, under which Rijswijk falls, handles cases regarding divorce and pension division. Make sure to take action in time to secure your rights.