Upon a divorce in Rijswijk, you have a claim to a portion of the pension that your ex-partner built up during the marriage. This process, known as pension equalisation, is laid down in the law.
Legislation on Pension Equalisation
According to the Act on the Equalisation of Pension Rights upon Divorce (Wet verevening pensioenrechten bij scheiding, Wvps), partners upon divorce are entitled to half of the old-age pension built up during the marriage. This is the standard arrangement, unless you agree otherwise together.
Which Pensions Are Divided?
| Is divided | Is not divided |
|---|---|
| Old-age pension built up during marriage | Pension built up before the marriage |
| Pension in own management (DGA) | AOW benefit |
| Survivor's pension upon death | |
| Disability benefit |
How Does This Work?
- Notification to Pension Fund: You must submit a notification within 2 years after the divorce using the correct form.
- Calculation by Fund: The fund determines which part of the pension must be divided.
- Payment: The pension fund pays the amount directly to the ex-partner.
Important 2-Year Deadline
It is crucial to notify the pension fund of the divorce within 2 years. If you do not do this in time, the right to direct payment by the fund lapses. You retain your right to equalisation, but must then arrange this yourself with your ex-partner.
Alternative Arrangements for Equalisation
| Option | Description |
|---|---|
| Standard division | Half of the pension built up during marriage |
| Conversion of rights | Convert pension into an independent right |
| Waiver of division | Record in the divorce settlement that you make no claim |
| Deviating division | Agree on a different percentage |
Special Survivor's Pension
In addition to the old-age pension, the ex-partner may claim a special survivor's pension. This concerns the survivors' pension built up during the marriage and 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. A disadvantage may be that the payout is lower. This is often practical in cases of a large age difference or a difficult relationship.How does pension in own management work for a DGA?
For a director-major shareholder (DGA), the pension is built up within the own BV. This must also be divided, but the payment goes via the BV. Often, settlement with an insurer or a buy-out with compensation in the asset division is chosen.What if my ex-partner does not cooperate with the notification?
You can also notify the pension fund of the divorce independently. Send the required 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 Rijswijk
What does pension equalisation mean?Upon divorce, the pension built up during the marriage is divided between both parties. Do I have to arrange this myself?
Yes, you must notify the pension administrator of the divorce within 2 years for automatic division. What is the standard division?
A 50-50 division, unless otherwise recorded in marital conditions or a settlement. When do I receive the payment?
The payment starts only when the pension builder retires. Can I waive equalisation?
Yes, you can record other arrangements in the divorce settlement.
Summary
Upon divorce, the pension is divided. Ensure you notify the pension fund within 2 years.Key Points
- Standard 50-50 division
- Notification within 2 years
- Alternative arrangements possible
For legal support in Rijswijk, you can contact the Juridisch Loket Rijswijk. For cases going to court, Rijswijk falls under the District Court of The Hague.